Unintentional Torts, Intentional Torts, and Mandatory Reporting for Nurses

Intentional Torts

• Definition: An intentional tort is a willful act that violates a patient's rights. Key terms: willful, intentional.

Types of Intentional Torts

1. Assault

   • Definition: Assault is a threat made against a patient that instills fear.
   • Example: Saying to a patient, "If you don’t stop acting up, I’m going to tie you down."
   • Clarification: It is important to differentiate this from common misconceptions based on popular culture and TV. Assault refers to threats, not actual physical harm.

2. Battery

   • Definition: Battery is the touching of a patient without consent that leads to harm.
   • Example: Administering medication to a patient who has refused it, given they are capable of refusing it.
   • Distinction: Assault is a threat, while battery involves actual physical contact resulting in harm.
   • Cool chicken hint: A before B - Assault comes before Battery in the alphabet, indicating the order of actions.

3. False Imprisonment

   • Definition: False imprisonment is keeping a patient in a location against their will when they should otherwise be free to go.
   • Example: Placing a patient in seclusion without an order or physically blocking a patient from leaving against medical advice.
   • Importance: Recognizing situations that could constitute false imprisonment is crucial for nurses.

4. Defamation of Character

   • Definition: This involves making derogatory remarks that damage someone's reputation within a community, or have the potential to do so.
   • Types:
   1. Slander: Spoken defamation (e.g., gossiping about a nurse).
   2. Libel: Written defamation (e.g., posting false claims on social media or notice boards).
   • Cool chicken hint: Slander is spoken, libel is written; analogy of a book in a library helps distinguish the two.

Unintentional Torts

• Definition: Unintentional torts involve unintended acts that lead to harm; the harm was not intended.

Key Concepts

1. Negligence

   • Definition: Negligence occurs when there is a failure to provide care that a reasonably prudent person would have provided.
   • Example: Not ensuring that a patient receives proper medication by failing to check the prescribed dosage.

2. Malpractice

   • Definition: Malpractice is a specific type of negligence committed by a professional, such as a registered nurse, where the standard of care is not met.
   • Example: Administering medication without verifying its appropriateness, which constitutes a breach of professional duty.

3. Abandonment

   • Definition: Abandonment refers to the desertion of a patient by a person who has agreed to provide care.
   • Example: A nurse leaving their duty without ensuring that another qualified healthcare professional takes over the patient’s care.
   • Clarification: Emergency situations may arise, but the nurse must ensure that care is transitioned to another qualified nurse.

Mandatory Reporting

• Definition: Nurses are classified as mandatory reporters, required by law to report any suspicion of abuse.
• Key Populations:
  • Children
  • Vulnerable adults
  • Elders

Responsibilities of Mandatory Reporting

1. Suspicion: Nurses must report based on suspicion of neglect or abuse; proof is not required.

2. Documentation: It is important to document any evidence or behaviors leading to suspicion:

   • Inconsistencies in accounts
   • Suspicious injuries with varying stages of healing (e.g., an unexplained bruise or injury).

3. Priority Nursing Action

   • Definition: The foremost responsibility is to protect the patient from further harm.
   • Example: If someone who is suspected of causing harm to a patient is present, the nurse may have to separate them or involve security to ensure patient safety.

4. Interviewing

   • Recommended to interview the suspected abuser and the patient separately to compare accounts of incidents.
   • Document discrepancies or agreements in the stories.

5. Safety Planning

   • For patients experiencing intimate partner violence, discuss ways to prepare a safety plan, including what to pack for a quick exit (termed a go bag).
   • Provide information about shelters and safe houses available for those needing refuge.
   • Importance: Keeping patients informed about available options is essential for their safety, especially in abusive situations.

Conclusion

• Review Summary: Unintentional torts include negligence and malpractice, whereas intentional torts encompass assault, battery, false imprisonment, and defamation of character.

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• Final Note: Thanking viewers for participation in the discussion about nursing practices and torts, wishing them success in their studies.