Selected Nursing Legal

Responsibilities

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

Crimes

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)

Crimes

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

Examples of Crime

Civil wrong doing against a person or a person’s property

Based on fault◦Something done incorrectly◦Something omitted

Tort

Intentional Act done on

purpose or with intent

No harm need be caused

Unintentional Negligence,

malpractice Do not require

intent Require element of

harm

TYPES OF TORT

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

Intentional Torts

• Communications that are falseSlander Defamation by spoken wordLibel Defamation by means of

print, writing, or pictures

Defamation

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.

Unintentional Tort

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.

Elements of

Malpractice

Duty

Breach of duty

Forseea-

bility

Causation

Harm or

injury

Damages

Reckless Imprudence 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.

Murder- kills another other than his descendants 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.

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.