Civil and Common Law Issues in Nursing Practice

Negligence/Malpractice (Unintentional Torts)

failure to act as a prudent nurse, causing injury.

Assault and Battery (Intentional Torts

assault = treating without consent;

battery = unlawful physical contact.

False Imprisonment

 improperly restraining or restricting freedom.

Defamation of Character

false statements damaging reputation

Breach of Confidentiality

disclosing private patient health information.

Torts

are civil wrongful acts or omissions made against a person or property.

Intentional Torts

deliberate acts violating rights (assault, battery, imprisonment).

Quasi‑Intentional Torts

intent lacking but action/direct causation present (invasion of privacy, defamation).

Unintentional Torts

Negligence or malpractice.

Assault

is an intentional threat toward another person that places the person in reasonable fear of harmful, imminent, or unwelcome contact. No actual contact is required.

Assault

A nurse threatens to give an injection or restrain a patient who refused consent; likewise, a patient threatening a nurse).

Battery

any intentional offensive touching without consent or lawful justification. The contact may cause injury or offend personal dignity

Battery

(e.g., Nurses restraining a patient in a confined area to restrict freedom).

Invasion of Privacy

– protects a patient’s right to be free from unwanted intrusion into private affairs.

Invasion of Privacy

(e.g., Releasing medical information to unauthorized persons).

Defamation of Character

publication of false statements damaging reputation.

Slander

spoken false statements.

Libel

written false statements (e.g., false chart entries).

Negligence

conduct falling below the accepted standard of care of a reasonably prudent person, creating risk of harm.

Malpractice

a type of professional negligence; occurs when nursing care falls below the standard of care.

Crime

an act violating public (criminal) law, punishable by fine and/or imprisonment; may be intentional or unintentional.

Felony

serious crime.

Manslaughter

– second‑degree murder

Misdemeanor

less serious offense, punishable by fine or short jail term. (e.g., Nurse slaps a patient).

Consent

patient’s signed form required for admission, invasive procedures, treatment programs, and research participation.

Informed Consent

patient’s agreement to undergo a procedure after full disclosure of risks, benefits, alternatives, and consequences of refusal. Requires provider to explain in understandable terms.