INTENTIONAL TORTS IN NURSING PRACTICE

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INTENTIONAL TORT

• occur when a nurse intentionally causes harm to a patient

• go against principles of nursing

• can have severe legal consequences

ASSAULT

• occurs when a nurse intentionally causes fear or apprehension in a patient that they will be physically harmed

• Example: A nurse tells a confused patient, “If you don’t take this medication now, I’ll have to inject you whether you like it or not.”

BATTERY

• occurs when a nurse intentionally touches a patient without their consent or performs a procedure that goes beyond the scope of patient’s consent

• Example: A nurse physically holds down a client to insert a catheter against the client's will.

FALSE IMPRISONMENT

• occurs when a patient is confined or restrained against their will

• Example: Refusing to allow a patient to leave a healthcare facility or room

FRAUD

• occurs when an individual is deceived for personal gain

• Example: A nurse documenting interventions not performed or for altering documentation to cover up an error.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

• occurs when a nurse intentionally causes severe emotional distress to a patient

• Example: Making derogatory comments or jokes about a patient’s condition or personal characteristics

INVASION OF PRIVACY

• refers to the violation of a patient’s right to privacy and confidentiality

• Nurses must respect patient privacy by maintaining confidentiality and ensuring that sensitive information is not disclosed without proper authorization

LIBEL

• written defamation

• Example: A nurse writes false statements in a patient's chart accusing a co-nurse of stealing medications.

SLANDER

• spoken defamation

• Example: A nurse spreads false and damaging rumors about a colleague's alleged substance abuse during break time.

UNINTENTIONAL TORT

• known as “negligence”

• arise from a nurse’s failure to exercise reasonable care, resulting in harm to a patient

MALPRATICE

• specific type of negligence, where a healthcare professional, including nurses, fails to provide care that meets the accepted standards, resulting in harm to the patient

• Examples: misdiagnosis, surgical errors, or improper wound care

NEGLIGENCE

• when a nurse fails to provide a reasonable standard of care to a patient, resulting harm or injury

• Example: Failure to properly administer medications

Documentation, Effective Communication, Proper Training & Education

Ways to Prevent Torts in Nursing Practice