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Unintentional torts - CORRECT ✔✔✔✔✔ an act involving injury or damage to another
(except a breach in contract) resulting in civil liability (like victim can sue) instead of
criminal liability
- negligence
- malpractice
- hospital must have a set of laws for practice
Negligence - CORRECT ✔✔✔✔✔ performing an act that a reasonably prudent person
under similar circumstances would not do, or failing to perform an act that a reasonably
prudent person under similar circumstances would do (REASONABLENESS).
Malpractice - CORRECT ✔✔✔✔✔ Negligence by a professional person resulting in an
injury
4 parts to prove malpractice - CORRECT ✔✔✔✔✔ duty - responsibility
breach of duty - failure to uphold responsibility/act
injury/damage - failure to meet standard of care causes harm
causation - connection between conduct and injury
incident reports - CORRECT ✔✔✔✔✔ alert administration to possible liability claims
and the need for investigation; they do not protect against legal action being taken for
negligence or malpractice
Intentional torts - CORRECT ✔✔✔✔✔ assault, battery, invasion of privacy, fraud
assault - CORRECT ✔✔✔✔✔ mental or physical threat (forcing w/o touching to take
meds)
battery - CORRECT ✔✔✔✔✔ actual and intentional touching of another with or
without intent to do harm
invasion of privacy - CORRECT ✔✔✔✔✔ Encroachment or trespassing on another's
body or personality
- false imprisonment
- exposure of a person
- defamation
, fraud - CORRECT ✔✔✔✔✔ illegal activity and willful and purposeful
misrespresentation that could cause or has caused harm or loss to a person or property
- false credentials
- telling a myth r/t txt
crime - CORRECT ✔✔✔✔✔ an act contrary to a criminal statute punishable by state
and committed against the state
- the nurse must report suspected child abuse
civil procedures - CORRECT ✔✔✔✔✔ methods used to protect the rights of
psychiatric clients
involuntary admission - CORRECT ✔✔✔✔✔ someone other than the client applies for
the client's admission to an institution. 1. This requires certification by a health care
provider that the person is a danger to self or others (Depending on the state, one or two
health care provider certifications are required). 2. Individuals have the right to a legal
hearing within a certain number of hours or days. 3. Most states limit commitment to 90
days. 4. Extended commitment is usually no longer than 1 year.
emergency admission - CORRECT ✔✔✔✔✔ Any adult may apply for emergency
detention of another. However, medical or judicial approval is required to detain anyone
beyond 24 hours. 1. A person held against his or her will can file a writ of habeas corpus to
try to get the court to hear the case and release the person. 2. The court determines the
sanity and alleged unlawful restraint of a person.
Legal and civil rights of hospitalized clients - CORRECT ✔✔✔✔✔ 1. The right to wear
their own clothes and to keep personal items and a reasonable amount of cash for small
purchases.
2. The right to have individual storage space for one's own use.
3. The right to see visitors daily.
4. The right to have reasonable access to a telephone and the opportunity to have private
conversations by telephone.
5. The right to receive and send mail (unopened).
6. The right to refuse shock treatments and lobotomy.
competency hearing - CORRECT ✔✔✔✔✔ Legal hearing that is held to determine a
person's ability to make responsible decisions about self, dependents, or property.
1. Persons declared incompetent have the legal status of a minor--they cannot: vote, make
contracts or wills, drive a car, sue or be sued, hold a professional license.
2. A guardian is appointed by the court for an incompetent person. Declaring a person
incompetent can be initiated by the state or the family.
insanity - CORRECT ✔✔✔✔✔ legal term meaning the accused is not criminally
responsible for the unlawful act committed because he or she is mentally ill.