Intentional torts
Deliberate acts that violate another rights
- Assault (threat toward another person, no actual contact required)
- Battery (offensive touching without consent)
- False imprisonment (unjustified restraint of a person)
Quasi-Intentional torts
Acts in which intent is lacking but volitional action and direct causation occur
- Invasion of privacy
- Defamation of character
Unintentional torts
Unintended accident
- Negligence
- Malpractice
Standards of Care
The legal requirements for nursing practice that describe minimum acceptable nursing care
Nurse Practice Acts
Define and describe the legal boundaries of nursing practice within each state
Only use restraints when…
- Only to ensure the physical safety of the patient or other patients
- When less restrictive interventions are not successful
- Only on the written order of a health care provider
Note: Unconscious patients cannot be falsely imprisoned
Federal statutory issues
- Patient protection and affordable care act
- Americans with disabilities act
- Emergency medical treatment and active labor act
- Mental health parity act
- Advance directives
- Uniform anatomical gift act
Good Samaritan Laws
- Encourage health care professionals to assist in emergencies
- Limit liability and offer legal immunity if a nurse helps at the scene of an accident (without gross negligence)
Common malpractice allegations
Care that does not meet the appropriate standards
- Failure to maintain safety
- Improper technique/treatment
- Failure to monitor and report
Risk management
Involves several components, including identifying possible risks, analyzing them, acting to reduce the risks, and evaluating the steps taken to reduce them
- Eliminate potential hazards before harm occurs
Informed consent
- A patients agreement to have a medical procedure after receiving full disclosure of risks, benefits, alternatives, and consequences of refusal
- Must be signed
Abandonment and assignment
Short staffing
- Inadequate number of nurses
Floating
- Nurses need adequate orientation to ensure safe care and should not provide any care without having that orientation
