Selected nursing legal responsibilities
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Transcript of Selected nursing legal responsibilities
![Page 1: Selected nursing legal responsibilities](https://reader036.fdocuments.us/reader036/viewer/2022082810/557d33e7d8b42ac2788b4678/html5/thumbnails/1.jpg)
Selected Nursing Legal
Responsibilities
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An act committed in violation of public (criminal) law
Punishable by a fine or imprisonment Does not have to be intended in order to be
a crime >Example: accidentally administering an
additional and lethal dose of a narcotic to relieve discomfort
Crimes
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Felony◦Serious nature (e.g., murder)◦Punishable by term in prison
Misdemeanor◦Less serious◦Punishable by a fine or short-term jail
sentence, or both (e.g., using expired license)
Crimes
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A nurse who administers an additional and lethal dose of a narcotic may be charged with second-degree murder or manslaughter
A nurse who slaps a client’s face could be charged with a misdemeanor
Examples of Crime
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Civil wrong doing against a person or a person’s property
Based on fault◦Something done incorrectly◦Something omitted
Tort
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Intentional Act done on
purpose or with intent
No harm need be caused
Unintentional Negligence,
malpractice Do not require
intent Require element of
harm
TYPES OF TORT
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Assault - Attempt or threat to touch unjustifiably
Battery- Willful touching that may or may not cause harm
False imprisonment- Unjustifiable detention without legal warrant
Invasion of privacy- Direct wrong doing of a personal nature
Intentional Torts
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• Communications that are falseSlander Defamation by spoken wordLibel Defamation by means of
print, writing, or pictures
Defamation
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Negligence Misconduct or practice that is below the
standard expected of an ordinary, reasonable, and prudent person
Places another person at risk for harm Applies to anyone
◦Example : giving medication without reviewing the 10 rights; long duration on application of hot water bag which caused burn.
Unintentional Tort
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Malpractice Negligence that occurred while the person was performing as a professional◦Applies to physicians, dentists, lawyers, and generally includes nurses
Ex. A nurse prescribing medication to patient.
Giving over dose pain reliever because of sympathy.
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Elements of
Malpractice
Duty
Breach of duty
Forseea-
bility
Causation
Harm or
injury
Damages
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Reckless Imprudence Does an act or fails to do an act that causes
damage. Example : A nurse knows the patient needs
to be given Oxygen but the nurse did not administer the oxygen.
A medicine is supposed to be administered by 8:00 am but the nurse prioritized to have break first before giving the meds.
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Murder- kills another other than his descendants Parricide – kills his
father, mother, or child whether legitimate or illegitimate or his spouse or any of his descendants.
Homicide – killing of any human creature, may not be a crime but committed without criminal intent.
Infanticide – killing of a child less than 3 days of age
Abortion – termination of pregnancy before the fetus is viable.
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Simulation of Birth
- substitution of one child for another or conceal/abandon any legitimate child with intent to cause child to lose his/her civil status.
Extorting ransom
- demanding / forcing the payment of money from a person, through violence/ intimidation, as the price for the delivery or release of a detained or kidnapped victim.