Selected nursing legal responsibilities

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Selected nursing legal responsibilities

  1. 1.  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
  2. 2.  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)
  3. 3.  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
  4. 4.  Civil wrong doing against a person or a person’s property  Based on fault ◦ Something done incorrectly ◦ Something omitted
  5. 5. Intentional  Act done on purpose or with intent  No harm need be caused Unintentional  Negligence, malpractice  Do not require intent  Require element of harm
  6. 6. 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
  7. 7. • Communications that are false Slander Defamation by spoken word Libel Defamation by means of print, writing, or pictures
  8. 8. 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.
  9. 9. 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.
  10. 10. Elements of Malpractice Duty Breach of duty Forseea- bility Causation Harm or injury Damages
  11. 11.  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.
  12. 12.  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.
  13. 13.  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.

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