Assault, battery, False imprisonment. (Professional nursing & ethics)
Examples of assault
A nurse threatening an unwilling patient with a needle. A nurse may tell a patient that he will be tied if he tries to get out of bed. Threaten to discharge the patient immediately if he does not agree to undergo a certain procedure. What all these considered?
Examples of false imprisonment
Locking the doors (except psychiatric wards) Using body or wrist restraints. Using geriatric chair to enclose an old person. Using psychotropic drugs for purpose of sedating only. Lying to patients that they cannot return if they leave the hospitals against the doctor's advice.
Assault
An attempt or a threat to hurt a person unjustly and without consent. The key elements in assaults are fear and intimidation. Assault is under "criminal law"
Examples of intentional torts
Assault Battery False imprisonment Invasion of privacy Defamation Fraud
Preventing liability
Do not threaten patients. Always obtain consent (implied or expressed) before performing any procedure, especially invasive ones that may be painful or uncomfortable. Abide by hospital policy regarding the use of restraint.
Examples of battery
Example: Nurse strikes the patient and throws him onto the bed causing the patient to sustain a fracture of his hand. A nurse who proceeds with the injection despite a patient's objection is committing battery. Performing any procedure without any form of consent (implied or written) is battery even if it is with good intention.
Report standards of care or unprofessional conduct part 1
Nurses should be prepared to report poor standards of care or unprofessional conduct which they observed. Some nurses are unwilling to report such incidents because of the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing (social stigma and termination from job). However, by keeping quiet, nurses will be betraying their patients' trust in them as advocates.
Report standards of care or unprofessional conduct part 2
Reporting (whistleblowing) can be done: *Internally* Voice their concern to their immediate supervisor (e.g. nurse manager). *Externally* Inform a third party such as the ministry, police, media
False imprisonment
Restraining a patient without legal justification or consent for the convenience of the staff. Restrain can be physical or chemical
Legal requirements for restraints part 2
Restraint must be ordered by physician for the exclusive use of preventing the patient from harm (not for staff convenience). Required to be reviewed and documented every shift. Conduct frequent assessment to ensure no complications arise due to the restrainers e.g. skin abrasion, bed sores, etc.
Legal requirements for restraints part 3
Should be removed once the patient is mentally stable. The patient's toilet need is attended to. The patient is receiving food and water. The patient's position must be changed frequently.
Legal requirements for restraints part 1
The use of restraint runs the risk of violating patient's autonomy. Restraint should not be used on competent patients. Use as a last resort.
Tort part 1
This means wrong doing or Torture! civil wrong commited by a person against another resulting in harm. It is considered under Civil Law Tort liability is classified into Intentional Unintentional
Unintentional Torts
actions that cause harm resulting from carelessness or poor standard of care.
Tort part 2
person harmed by tort may sue the wrongdoer and seek compensation for the damages. The compensation in the form of money may include past and future damages such as: Medical bills payments. Lost wages (earnings). Future medical bills payments. Pain and suffering compensation.
Battery
An actual willful touching of another person without consent, that may or may not cause harm. Considered under civil law
Examples of unintentional torts
Negligence Malpractice
Intentional Torts
violates the civil rights of an individual knowingly and willfully.
