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As regards the consequences of malpractice, three types of liability have been identified: (i) the civil liability leading to the indemnification of the patients for their damages, (ii) the administrative liability leading to disciplinary/ administrative penalties for the healthcare professional and (iii) the criminal liability which triggers ...
- Ionuţ Ciprian Săraru
- 2018
- Assault and Battery
- False Imprisonment
- Privacy and Confidentiality
- Slander and Libel
- Fraud
- Negligence and Malpractice
- Disciplinary Action by The Board of Nursing
Assault and battery are intentional torts. Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Battery is defined as intentional causation of harmful or offensive contact with another person without that person’s consent. Physical harm does not need to occur in order to ...
False imprisonment is an intentional tort. False imprisonment is defined as an act of restraining another person and causing that person to be confined in a bounded area. An example of possible false imprisonment in health care is the use of restraints. See Figure 5.2 for an image of a simulated client in full physical medical restraints. Restraint...
Breaching privacy and confidentiality are intentional torts. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information, kept private. Protected Health Information (PHI) is defined as individually identifiable health information, including demographic data, that rela...
Slander and libel are intentional torts. Defamation of characteroccurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation. Slander is spoken defamation and libel is written defamation. Nurses must take care in their oral communication and documentation to avoid defaming clients or coworke...
Fraud is an intentional tort that occurs when an individual is deceived for personal gain. A nurse may be charged with fraud for documenting interventions not performed or for altering documentation to cover up an error. Fraud can result in civil and criminal charges, as well as suspension or revocation of a nurse’s license.
Negligence and malpractice are unintentional torts. Negligence is the failure to exercise the ordinary care a reasonable person would use in similar circumstances. Wisconsin civil jury instruction states, “A person is not using ordinary care and is negligent, if the person, without intending to do harm, does something (or fails to do something) tha...
In addition to being held liable in a court of law, nurses can have their licenses suspended or revoked by the State Board of Nursing (SBON) for unsafe nursing practice. The SBON governs nursing practice according to that state’s Nurse Practice Act to protect the public through licensure, education, legislation, and discipline. A nursing license is...
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Jul 17, 2020 · Background. Law entails precedent-based common law and parliamentary-legislation-based statutory law. Australian courts recognise civil wrongs, called torts. The most common tort worldwide is negligence.
- Rajkumar Cheluvappa, Selwyn Selvendran
- 2020
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Introduction. Within the intricate tapestry of law, torts occupy a significant space, representing civil wrongs that inflict harm upon an individual. Among the diverse landscape of tortious acts, a prominent category emerges in the healthcare realm: medical malpractice.
Understanding these laws is not simply a professional necessity for doctors, nurses, administrators, and researchers; it’s also an ethical imperative for anyone who interacts with the healthcare system. This book is your compass, guiding you through the labyrinth of legal fundamentals that shape the landscape of healthcare.
J. Stuart Showalter and new co-author Sallie Thieme Sanford provide a broad perspective on a wide range of healthcare justice issues, using inclusive language and incorporating examples that involve various types of healthcare providers. This extensively updated edition includes the latest information on topics such as:
