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Assault and battery
In general every time that one person
touches another in an angry or rude
manner and every blow or push with
intent to injure considered as assault
and battery.
Forcing a patient to submit a treatment for which
he has not given his consent e.g. Kidney
dialyses.
Lifting a protesting pt's. from his bed to a wheel
chair or stretcher without consent.
Cutting a pt's hair or having it cut without his/
her consent.
Threatening to strike or actually striking an
unruly child.
Ejecting a visitor from patient's room without his
consent.
Extorting
Is
the illegal use of fear to obtain money
or property from someone".
e.g.: "a physician or nurse who threats to
discontinue caring for a wealthy pt.
unless he makes a well in his /her
favor".
Accessory
“Is
when you are connected with
the commission of a crime but
didn’t actually do it by yourself”.
Crimes and torts
1- Intentional Torts Important To The Nurse
Assault: placing a person in fear of being touched without his
consent.
E.g. threatening to hit someone.
Battery: actually touching someone with out his consent.
E.g. hitting someone.
False imprisonment: the unlawful detention of a person against
his whishes.
E.g." keeping a patient hospitalized until he has paid his bill".
Invasion of privacy: violation of a person’s right to be left alone
and to have certain personal matters kept out of the public view.
E.g. "taking pictures of a malformed child without parental
permission".
Defamation: injuring the good name of another person by telling
falsehoods about him to a third person.
A.
B.
Libel defamation: written defamation,
e.g. writing that someone is a thief.
Slander: oral defamation, e.g. saying some one
is a thief
Fraud: willful and purposeful misrepresentation
that could cause or has caused harm or loss to a
person or property. e.g. " saying you have
worked as a matron before to have a post of
nursing director, where you have never been
so”.
2- Unintentional Torts
known as: negligence and malpractice
Negligence: is defined as performing an act that a
reasonably prudent person under similar
circumstances would not do, or conversely failing
to perform an act that a reasonably prudent person
under similar circumstances would do.
Malpractice: describes negligence of professional
personnel.
N.B:
Negligence or malpractice is usually
determined by the mean of standard of
care decides what a reasonable prudent
persons would or would not do. It’s
also compulsory following by nurses in
their particular areas of practice.
Most Common Acts of Negligence
Careless attention to a patent’s personal
belongings (dentures, money jewelry
...Etc.)
Failure to respond or to ask someone else
to respond promptly to a patient’s called
light or signal.
Failure to use adequate precautions to
protect the patient against injury.
Failure to carry out orders for treatments or
medications.
Most Common Acts of Negligence…cont
Failure to report your own fatigue or illness that
might prevent the nurse from carrying out nursing
responsibilities competently and safety.
Irresponsible attention to a dying patients requests
for medical attention.
Failure to take whatever steps are necessary in
certain emergencies to protect the victim from
further injury until medial care is available.
Failure to see faulty equipment is removed from
use, that crowded corridors or hallways are clear
so that slippery or unclean floors are taken care of.
"It is wise to report persistent hazards in
writing and keep a copy for personal
protection".
failure to recognize the dangers inherent in
an order, even if it is written by physician
who theoretically is better informed than
the nurse about the potency and action of
drugs.
Foreign objects left in clients.
Burns and falls.
Nosocomial infections.
Errors done to family assistance in
patient care.
Failure to exercise reasonable
judgment.
Mistaken identity.
Failure to communicate.
Thank You All
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