Intentional torts occur when a nurse intentionally causes harm to a patient. Although such actions are rare and go against the core principles of nursing, they can have severe legal consequences. Some examples of intentional torts in nursing include:
1.Battery
Battery occurs when a nurse intentionally touches a patient without their consent or performs a procedure that goes beyond the scope of the patient’s consent. Examples of nursing battery may include:
- Performing a procedure on a patient without obtaining informed consent
- Administering medication or treatment against a patient’s wishes
- Touching a patient in a way that is uncomfortable or invasive without their consent
2.Assault
Assault occurs when a nurse intentionally causes fear or apprehension in a patient that they will be physically harmed. Examples of nursing assault may include:
- Threatening a patient with physical harm
- Preparing to administer an injection or other procedure without the patient’s consent or against their will
- Displaying aggressive or intimidating behavior towards a patient
3.False Imprisonment
False imprisonment occurs when a patient is confined or restrained against their will. Examples of nursing false imprisonment may include:
- Restraining a patient without proper justification
- Refusing to allow a patient to leave a healthcare facility or room
- Using physical force to prevent a patient from leaving
4.Invasion of Privacy
Invasion of privacy refers to the violation of a patient’s right to privacy and confidentiality. Nurses must respect patient privacy by maintaining confidentiality and ensuring that sensitive information is not disclosed without proper authorization.
5.Defamation
Defamation occurs when a nurse makes false statements about a patient or discloses private information about a patient to others. Examples of nursing defamation may include:
- Making false statements about a patient’s condition or treatment
- Sharing a patient’s medical information with others without proper authorization
- Posting information about a patient on social media without their consent
6.Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress occurs when a nurse intentionally causes severe emotional distress to a patient. Examples of nursing intentional infliction of emotional distress may include:
- Making derogatory comments or jokes about a patient’s condition or personal characteristics
- Using threatening or intimidating language or behavior toward a patient
- Ignoring a patient’s emotional needs or dismissing their concerns
Unintentional Torts in Nursing
Unintentional torts, also known as negligence, arise from a nurse’s failure to exercise reasonable care, resulting in harm to a patient. While unintentional, these torts can have significant consequences. Here are some examples:
1.Negligence
Negligence is the most common type of tort in nursing. It occurs when a nurse fails to provide a reasonable standard of care to a patient, resulting in harm or injury. Examples of nursing negligence may include:
- Failure to properly monitor a patient’s vital signs
- Failure to follow physician orders or nursing protocols
- Failure to properly administer medications
- Failure to properly document a patient’s condition or care
- Failure to communicate with other healthcare providers about a patient’s condition
2.Malpractice
Malpractice is a specific type of negligence where a healthcare professional, including nurses, fails to provide care that meets the accepted standards, resulting in harm to the patient. Examples include misdiagnosis, surgical errors, or improper wound care.
3.Abandonment
In nursing, abandonment is the desertion of a patient by anyone who has taken responsibility for their care. For example, if you were the nurse on duty, assigned to a patient, and you just decided to abruptly go home without handing over care to anybody else, that would be abandonment.
Similarities and Differences Between Intentional and Unintentional Torts
While intentional and unintentional torts differ in their underlying intent, they share similarities in terms of legal consequences. Both types of torts can result in legal claims, monetary compensation, damage to professional reputation, and even license suspension or revocation. However, intentional torts are characterized by the nurse’s deliberate actions, while unintentional torts stem from negligence or lack of reasonable care.
Legal Implications for Nurses
Nurses involved in tort cases may face legal ramifications that impact their professional and personal lives. Depending on the severity of the harm caused, nurses may be held liable for damages, face disciplinary action by regulatory bodies, or be subject to professional malpractice lawsuits. It is crucial for nurses to understand the legal implications and practice within the boundaries of their professional scope.
Preventing Torts in Nursing Practice
Preventing torts in nursing practice requires a proactive approach that prioritizes patient safety and effective communication. Here are some key strategies for minimizing the risk of harm and potential legal consequences:
1. Importance of Documentation
Accurate and thorough documentation is vital in nursing practice. Nurses must document all aspects of patient care, including assessments, interventions, and patient responses. Clear and comprehensive documentation can serve as evidence in case of legal disputes.
2.Effective Communication
Open and effective communication is essential in preventing misunderstandings and potential harm to patients. Nurses should ensure that vital information is communicated clearly among the healthcare team, including physicians, other nurses, and allied healthcare professionals.
3.Proper Training and Education
Continuous training and education are crucial for nurses to stay updated with best practices and evidence-based guidelines. By enhancing their knowledge and skills, nurses can provide safer and higher-quality care, reducing the risk of unintended harm.
Mandatory Reporting
As nurses we are mandatory reporters, which means that by law, there are specific instances we are required to report. It is mandatory for nurses to report suspicion of abuse that has happened or might be actively happening to their patient. The inverse is also true nurses have a duty to warn when their patient might harm someone else.
This is another example of nurses being held to a higher standard because of their job and licensing—if a random person suspects abuse, they are not legally required by any laws or regulations to report it, but nurses are.
1.Reporting Suspicion of Abuse
It is mandatory for nurses to report suspicion of abuse of a child, elder, or vulnerable adult before it gets worsens.
2.Burden of Proof
If a nurse suspects abuse is occurring, they are NOT required to have proof or concrete evidence, which means they don’t carry the “burden of proof.” The nurse just has the requirement to report the facts, circumstances and observations that led them to suspect abuse and neglect.
This is a helpful stipulation because abuse can be hard to prove with concrete evidence; evidence could take inordinate time to gather, and so not having to concretely prove the abuse allows the nurse to help the possibly abused patient sooner.
3.Priority Nursing Action
A nurse’s priority nursing action in the case of suspected abuse is to protect their patient from immediate harm. For example, a nurse may need to separate a patient from their suspected abuser or get security involved.
REFERENCES
- Understanding Torts in Nursing: Examples of Intentional and Unintentional Harm Retrieved from https://www.rn101.net/single-post/understanding-torts-in-nursing-examples-of-intentional-and-unintentional-harm
- Meris Shuwarger, Fundamentals – Principles, part 4: Intentional vs. Unintentional Torts and Mandatory Reporting Retrieved from https://leveluprn.com/blogs/fundamentals-of-nursing/principles-4-intentional-vs-unintentional-torts-mandatory-reporting
- Ernstmeyer K, Christman E, editors. Nursing Management and Professional Concepts [Internet]. Eau Claire (WI): Chippewa Valley Technical College; 2022. Chapter 5 – Legal Implications. Available from: https://www.ncbi.nlm.nih.gov/books/NBK598383/
- Nurses Service Organization and CAN Financial. (2020, June). Nurse professional liability exposure claim report (4th ed.). https://www. nso.com/Learning/Artifacts/Claim-Reports/Minimizing-Risk-Achieving-Excellence
- Legal Information Institute. (n.d.) Cornell Law School. https://www. law.cornell.edu
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