Debby is enjoying a quiet evening on the balcony of her third-story apartment overlooking a busy sidewalk, drinking a bottle of champagne. A research project that included treating all the white men and not treating all the black men to compare the outcomes of a specific drug therapy. Cultural practices do not influence biocultural needs because they are inborn risks that are related to a biological need and not a learned cultural belief or practice. Announcement!! After the client gives permission, the physician’s disclosing all information to the family for their support in the management of the client. Car accidents: The most common type of unintentional tort claim is a car accident claim. All rights reserved. Sciences, Culinary Arts and Personal An intentional tort is when an individual or entity purposely engages in conduct that causes injury or damage to another. This can be facilitated by: Decreasing emphasis on attending to the clients’ appearance because it only increases their fatigue, Placing the client in a private room to provide privacy at all times, Making decisions for clients so they do not have to make them, Spending time to let clients share their life experiences. body of law that deals with relationships among private individuals, Nurse and employer client and health agency. The nurse’s code of ethics recommends that a nurse be present at any ethical discussion about client care. Laws for the welfare of the general public. Example of Establishing a legal duty of care. Likewise: the hospital is expected to provide the necessary supplies, equipment needed to provide competent, quality nursing care. - Definition and Examples, What Is Medical Malpractice? The lesson will cover the following objectives: Understand what constitutes unintentional torts Loss is only experienced when there is an actual absence of something valued. Privacy issues for persons who are positive for human immunodeficiency virus (HIV) have been one issue in relationship to getting information when hospital staff have been exposed to unclean sticks. Collecting all available information about the situation. Choose the letter of the correct answer. threaten to give injection w/o consent. The distribution of nurses to areas of “most need” in the time of a nursing shortage is an example of: Justice is defined as the fairness of distribution of resources. Duty – the nurse must have a relationship with the client that involves providing care and following an acceptable standard of care. Anyone, at any age, can be treated without parental permission for an STD infection. Doceri is free in the iTunes app store. Negligence. Engagement in cross-cultural interactions. Which statement about an institutional ethics committee is correct? Spending time to let clients share their life experiences enables the nurse to know clients better. Limit the time visitors may stay so they do not become overwhelmed by the situation. This is an example of: What should the nurse do when planning nursing care for a client with a different cultural background? Call the funeral director to come and get the body. Enrolling in a course lets you earn progress by passing quizzes and exams. It creates statues such as the NPA, which defines the role of the nurse and expectations of the performance of one’s duties and explains what is contraindicated as guidelines for breech of those regulations. * Battery -any intentional touching w/o consent i.e. The nurse should: Allow the family to provide care during the hospital stay so no rituals or customs are broken, Explain how the client must adapt to hospital routines to be effectively cared for while in the hospital, Speak slowly and show pictures to make sure the client always understands, Identify how these cultural variables affect the health problem. Services, Legal Issues in Nursing: Concepts and Terms, Unintentional Tort: Definition & Example Cases, {{courseNav.course.mDynamicIntFields.lessonCount}}, What Is Tort Law? Cultural awareness is an in-depth self-examination of one’s: Social, cultural, and biophysical factors. Without assessment and identification of the cultural needs, the nurse cannot begin to understand how these might influence the health problem or health care management. The client has a cardiac arrest and dies. A utilitarian system of ethics proposes that the value of something is determined by its usefulness. 51.Which is an example of an unintentional tort? This attitude leaves a significant and vulnerable portion of our society at risk. - Definition and Examples, Battery: The Elements of an Intentional Tort, What Is Assault? Therefore identification of values, beliefs, and practices allows for planning meaningful and beneficial care specific for this client. 's' : ''}}. Defamation of character A nurse tells a coworker that she believes a client has been unfaithful to the spouse. Persons who may not enter into a contract: minor, insane, deaf, mute and ignorant. Which activity would not be expected by the nurse to meet the cultural needs of the client? The amount of time to resolve grief also varies among individuals. Social factors such as poverty and lack of universal medical insurance compromise the health status of the poor and unemployed. Also, this page requires javascript. Decisions must be made quickly, often under stressful conditions. You have not finished your quiz. In:legal and ethical issues in nursing. A client’s family member says to the nurse, “The doctor said he will provide palliative care. Practice of advocacy calls for the nurse to: Seek out the nursing supervisor in conflicting situations. One of the major factors that will determine the kinds of damages a plaintiff may be awarded is whether the tort was unintentional or intentional. English, science, history, and more. Examples of unintentional communication include: postures, facial expression, eye gaze, pitch of voice and gestures displayed through body language (kinesics) and the physical distance between communicators (proxemics). Justice refers to fairness. Influencing treatment and care of clients, Acquiring specific knowledge, skills, and attitudes. negligence and malpractice. Some RNs do have prescriptive privileges based upon advanced degrees and certification. A nurse threatens the patient with injection if the patient refuses his meds orally. A guardian has been appointed by a court and has full legal rights to choose management of care. -Breach of confidentiality: A nurse releases the medical diagnosis of a client to a member of the press. The client the nurse is caring for needs a liver transplant to survive. Tort Lawyers And Nursing Home Cases. Because she feels this way, she has talked with her daughter about her desires, completing a living will and left directions with her physician. She immediately remembers how Pavel was not faithful in their relationship and is overcome with rage. * The defendant breached this duty. * The plaintiff was harmed. Torts are divided into three main categories, intentional torts, unintentional torts and strict liability torts. The nurse usually interacts with clients over longer time intervals than do other disciples. What are types of unintentional torts. The philosophy sometimes called the code of ethics of care suggests that ethical dilemmas can best be solved by attention to: The ethic of care explores the notion of care as a central activity of human behavior. Please visit using a browser with javascript enabled. The most common kind of unintentional tort is negligence. You cannot educate a child who is not healthy, and you cannot keep a child healthy who is not educated. She has decided that she does not want extraordinary measures taken when her life is at its end. She chucks the bottle of champagne in the direction of Pavel and it strikes him in the head, causing a severe head injury. The nurse may be guilty of: A confused client who fell out of bed because side rails were not used is an example of which type of liability? For example, if it is common practice in a workplace to give medications two hours late, a nurse may still be found negligent because the standard of care is that patients receive their medications in a timely manner. The goal of palliative care is the prevention, relief, reduction, or soothing of symptoms of disease or disorders without effecting a cure. Our hottest nursing game is out now in the App Store. Nurse threatens a client with an injection after refusing to take the meds orally. This client has been out of work for several months and does not have insurance or enough cash. A discussion about the ethics of this situation would involve predominantly the principle of: Justice, because the first and greatest question in this situation is how to determine the just distribution of resources. When the nurse described the client as “that nasty old man in 354,” the nurse is exhibiting which ethical dilemma? A child named John kicks Adam during recess at school and the kick causes significant damage as Adam already suffers from a disability. The sequencing of stages or behaviors of grief may occur in order, they may be skipped, or they may reoccur. a. If John had not kicked Adam, the “actual cause” of the injury would not have occurred. Individualism and self-reliance in achieving and maintaining health. Also to know, what are torts in healthcare? It is helpful for the nurse to find simple care activities for the family to perform, such as feeding the client, washing the client’s face, combing hair, and filling out the client’s menu. The injured party. Combination of naturalistic, religious, ad supernatural modalities. the ANA has established widely accepted codes that professional nurses attempt to follow. An unintentional tort results from negligence. Advance directives, informed consent, and consent for hospice are examples of mandates that my violate client’s values. Why will the nurse return in 30 minutes to remove the pad? The dominant values in American society on individual autonomy and self-determination: May be in direct conflict with diverse groups. Many tort lawyers refuse to accept nursing home cases because of their belief that due to the age of the victim damages will be minimal. Once the nurse has determined that the dilemma is ethical, a critical first step in negotiating the difference of opinion would be to: Ensure that the attending physician has written an order for an ethics consultation to support the ethics process. The dominant value in American society of individual autonomy and self-determination may be in direct conflict with diverse groups. The ethics committee relieves health care professionals from dealing with ethical issues. The scope of Nursing practice is legally defined by: In most ethical dilemmas, the solution to the dilemma requires negotiation among members of the health care team. Meanings by which people make sense of their experiences. A document that lists the medical treatment a person chooses to refuse if unable to make decisions is the: The scope of Nursing Practice, the established educational requirements for nurses, and the distinction between nursing and medical practice is defined by: When providing care to clients with varied cultural backgrounds, it is imperative for the nurse to recognize that: Similar reactions to stress will occur when individuals have the same cultural background. The nurse’s point of view is valuable because: Nurses have a legal license that encourages their presence during ethical discussions. The nurse puts a restraint jacket on a client without the client’s permission and without the physicians order. communication that is false or made with a careless disregard for the truth and results in injury to the reputation of a person, Libel – defamation by means of print, writing or picture, o writing in the chart/nurse’s notes that doctor A is incompetent because he didn’t respond immediately to a call, Slander – defamation by the spoken word stating unprivileged (not legally protected) or false word by which a reputation is damaged, Nurse A telling a client that nurse B is incompetent, The material (nurse’s notes) must be communicated to a 3rd party in order that the person’s reputation maybe harmed. unintentional tort (ŭn-ĭn-TĚN-shŭn-ăl tŏrts p. 134) vicarious liability (vĭ-KĂR-ē-ŭs, p. 137) Keep in Mind. Cultural awareness is an in-depth examination of one’s own background, recognizing biases and prejudices and assumptions about other people. [Context Link] 20. - Definition & Examples, History of American Law: Tutoring Solution, American Legal Systems: Tutoring Solution, Capacity in Contract Law: Tutoring Solution, Contract Law and Third Party Beneficiaries: Tutoring Solution, Contracts: Assignment and Delegation: Tutoring Solution, Contracts: Statute of Frauds: Tutoring Solution, Contracts: Scopes and Meanings: Tutoring Solution, Contracts: Breach of Contract: Tutoring Solution, Contracts: Discharge of Contracts: Tutoring Solution, Securities and Antitrust Law: Tutoring Solution, Employment and Labor Law: Tutoring Solution, Product Liability and Consumer Protection: Tutoring Solution, International Business Law: Tutoring Solution, The Role of Agency in Business Law: Tutoring Solution, Types of Business Organizations: Tutoring Solution, Working Scholars® Bringing Tuition-Free College to the Community, Understand what constitutes unintentional torts, Familiarize yourself with examples and cases of unintentional torts. Earn Transferable Credit & Get your Degree, A failure to act the way an ordinary, reasonable person would act, Acting out of anger and resentment in a normal, reasonable way, Acting in the heat of the moment for the good of all, Create your account to access this entire worksheet, A Premium account gives you access to all lesson, practice exams, quizzes & worksheets. Maternal and Child Health Nursing (NCLEX Exams), Medical and Surgical Nursing (NCLEX Exams), Pharmacology and Drug Calculation (NCLEX Exams), Diagnosis – Second Step in the Nursing Process, Branch of Philosophy w/c determines right and wrong. Phone calls, follow-up, and lack of follow-up by the physician should also be documented if there is a problem with getting the information in a timely manner. Nursing malpractice: sidestepping legal minefields. Gather all relevant information regarding the clinical, social, and spiritual aspects of the dilemma. There are three types of torts that we look at in nursing. Res ipsa loquitor – the thing speaks for itself – the injury is enough proof of negligence, Respondeat Superior – let the master answer command responsibility, Force majuere – unforeseen event, irresistible force. Tort law in Australia consists of legislation as well as common law. Avoid asking questions about the client’s cultural background. Anticipatory grief, perceived loss, actual loss, and renewal. The term often is used during discussions about resources. Nurse while caring the patient is bounded to some legal and ethical responsibilities. plaintiff. These practice questions are available at anytime that best serves your learning style. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons Many families will leave someone to help at times, but it is the hospital’s legal obligation to find an interpreter for continued understanding by the client to make sure the client is fully informed and comprehends in his or her primary language. This video screencast was created with Doceri on an iPad. Causation – it must be proved that the harm occurred as a direct result of the nurse’s failure to follow the  standard of care and the nurse should or could have known that the failure to follow the standard of care could result in such harm. Sufficient comparative knowledge of diverse groups is obtained. Public disclosure of private facts – private information is given to others who have no legitimate need for that. Successful ethical discussion depends on people who have a clear sense of personal values. The failure of the nurse to question the physician about an order creates an area of liability on the nurse’s part because this is perceived as a medical action and not the role of the nurse to write orders. Here are some of the most common examples of unintentional torts. Although this is a simplistic explanation, it serves to illustrate standards of care. Whenever a nurse fails to practice safe and standardized care and step out of her legal boundaries, she commits a wrong act known as torts. Miss Mary, an 88-year old woman, believes that life should not be prolonged when hope is gone. Without understanding one’s own beliefs and values, a bias or preconceived belief by the nurse could create an unexpected conflict or an area of neglect in the plan of care for a client (who might be expecting something totally different from the care). A little more or a little less does not change the substance of an act. The most familiar health care tort is termed “professional negligence.” In fact there is only one tort, negligence. Unreasonable intrusion – observation or taking of photograph of the client for whatever purpose without client’s consent. Plus, get practice tests, quizzes, and personalized coaching to help you succeed. 1. That’s a tort. Disparities in health outcomes between the rich and the poor illustrate the influence of socioeconomic factors in morbidity and mortality. If loading fails, click here to try again. Accepting the reality of loss, working through the pain of grief, adjusting to the environment without the deceased, and emotionally relocating the deceased and moving on with life. , blood flow is reduced by reflex vasoconstriction final authority nurse while caring the refuses... Therapies that promote client decision making and autonomy, because you as the state legislature that defines the nurse verbalizing! Created by elected legislature, such as a nursing assistant may perform any functions that are. And strict liability torts that a reasonable person would ordinarily Use in a timely manner get the body state—is. Of our society at risk for falls the well being of this client has been to... 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Professional health care professionals from dealing with ethical Issues regulations to control society of calls! Published by: the National Institutes of health, nursing division law prevention! The code of ethics recommends that a nurse fails to act in your state—is the final.... ; 2001. p. 78-107 other disciples the health status of the client the to! With a sexually transmitted disease ( STD ) recently been told he terminal! Not Keep a child healthy who is employed as a nursing clinical class only states that client... Torts that we look at in nursing practice torts actual loss, and biological.... Psychological malfunctions the element of harm discussion depends on a measure of the standards of care is the opposite the. Should next: Call the transplant team to retrieve vital organs insurance or cash!, is negligence committed by a minor with a muscle sprain at unintentional tort nursing example! 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