Assault Unlawful physical threat or attack to a patient.
Per class example:
A healthcare provider makes patients feel fearful such as
threatening a patient to insert an NG tube if a patient did not
finish his/her meal tray.
False Confining the patient to his/her room, or restraining his/her
Imprisonment movement with the intent to restrict or prevent the patient’s
freedom.
Negligence This is an example of unintentional torts.
Conduct that falls below the generally accepted standard of
care of a reasonably prudent person.
Anyone, including people that are not in the medical field, can
be liable for negligence.
Malpractice This is an example of unintentional torts and is a type of
negligence.
A person being held liable for malpractice must be a
professional.
Ex: Failure to follow or implement fall precautions that have
led to injuries or if a nurse failed to communicate important
information about a patient and has led to harming the patient.
Battery Any intentional offensive touching without consent or lawful
justification.
Ex: Giving medication to a patient against their wishes
Informed Consent Role of the nurse:
-witnesses informed consent
-must ensure that the provider gave the client the necessary
information and understood the information and is competent
to give informed consent.
-notify provider if the client has more questions or appears not
to understand any of the information.
-document the client has, reinforcement of teaching
Role of the provider:
, -give the client the purpose of the procedure and complete
description of the procedure and who will perform and
participate in the procedure
-give options for other treatment
-give option to refuse treatment and consequences of doing so
(risks and benefits)
Consent is informed when the provider explains the procedure
and the client understands the reason why she/he needs the
treatment, the risks and benefits of the treatment.
The nurse’s role in the process is to witness the client’s
signature on the informed consent form and to ensure the
provider has obtained the informed consent responsibly.
Advanced Purpose is to communicate a client’s wishes regarding end-of-
Directives life care should the client become unable to do so.
Types:
Living will: legal document that expresses the client’s wishes
regarding medical treatment in the event that the client
becomes incapacitated and its facing end-of-life issues.
Durable Power of Attorney (DPOA): client designates a
healthcare proxy to make health care decisions for them in
case the client is unable to do so.
Provider’s Orders: unless providers write “Do Not
Resuscitate”, or “Allow Natural Death”, the nurse performs
CPR
Any healthcare personnel directly involved in the PTs care
cannot be a witness.
Mandatory Health care providers have a legal obligation to report their
reporting findings in accordance with state law in the following
situations.
ABUSE: nurses must report any suspicion of abuse (child or
elder abuse, adult violence) following facility policy.
,COMMUNICABLE DISEASE: nurses must report
communicable diseases diagnoses to the local or State health
department. For a complete list of reportable diseases and a
description of the reporting system, go to Centers for Disease
Control and Prevention’s website. Each state mandates which
diseases to report in that state.
Reporting allows officials to:
-Ensure appropriate medical treatment of diseases
(tuberculosis)
-Monitor for common-source outbreaks (foodborne, hepatitis
A)
-Plan and evaluate control and prevention plans
(immunizations)
-Identify outbreaks and epidemics
-Determine public health priorities based on trends.
, Patient Rights