Selected nursing legal responsibilities
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This document defines and differentiates between various legal terms related to criminal acts and civil wrongdoings. It discusses crimes, which are violations of public law and punishable by fines or imprisonment. Crimes can be intentional or unintentional. Felonies are serious crimes punishable by prison time, while misdemeanors are less serious crimes punishable by fines or short jail sentences. Civil wrongdoings involve faults or negligence against another person or their property. Torts include assault, battery, false imprisonment, and invasion of privacy. The document also discusses definitions of negligence, malpractice, and their elements in a legal context.
Selected nursing legal responsibilities
- 2. 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
- 3. 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)
- 4. 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 clients face could be charged with a misdemeanor
- 5. Civil wrong doing against a person or a persons property Based on fault Something done incorrectly Something omitted
- 6. Intentional Act done on purpose or with intent No harm need be caused Unintentional Negligence, malpractice Do not require intent Require element of harm
- 7. 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
- 8. Communications that are false Slander Defamation by spoken word Libel Defamation by means of print, writing, or pictures
- 9. 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.
- 10. 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.
- 11. Elements of Malpractice Duty Breach of duty Forseea- bility Causation Harm or injury Damages
- 12. 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.
- 13. 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.
- 14. 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.