Nursing Legalities: Torts and Mandatory Reporting

Lecture Notes on Torts and Mandatory Reporting in Nursing

Instructor: Meris

Source: Fundamentals of Nursing flashcards available on LevelUpRN.com (cards 9, 10, and 11)

Intentional Torts (Card 9)

Intentional torts involve willful acts that violate a patient's rights.

Types of Intentional Torts

1. Assault

   • Defined as a threat that makes a patient fearful.
   • Example: "If you don't stop acting up, I'm going to tie you down."

2. Battery

   • Involves touching a patient without consent, causing harm.
   • Example: Administering a medication that a patient has refused.

3. False Imprisonment

   • Keeping a person against their will.
   • Example: Blocking a door when a patient tries to leave against medical advice.

4. Defamation of Character

   • Making derogatory remarks that can harm someone’s reputation.
   • Slander: Spoken defamation.
   • Libel: Written defamation (e.g., social media posts, signs).

   Cool Chicken Hint: Remember, "slander is spoken", but "libel is written, like a book in the library."

Unintentional Torts (Card 10)

Unintentional torts are unintended acts that cause harm to a patient.

Key Concepts

1. Negligence

   • A failure to provide care that a reasonably prudent person would have.

2. Malpractice

   • Negligence by a professional, e.g., a nurse failing to check a medication label properly.

3. Abandonment

   • Desertion of a patient by someone responsible for their care.
   • Proper transfer of care to another qualified individual is necessary to avoid this.

Mandatory Reporting (Card 11)

Nurses are mandatory reporters, meaning they must report any suspicion of abuse (for a child, a vulnerable adult, or an elder) without needing concrete evidence.

Steps and Actions:

1. Documentation

   • Record any incompatibilities in stories or suspicious injuries.

2. Priority Nursing Action

   • Protect the patient from further harm.
   • Option to separate the suspected abuser from the patient if necessary.

3. Interviews

   • Conduct separate interviews with the suspected abuser and the victim to compare stories.

4. Safety Planning

   • Provide information on safe houses and shelters.
   • Help in planning for emergency situations, like preparing a "go bag."

5. Educational Advice

   • Inform vulnerable adults about possible refuges and safe houses available to them.

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General Reminders and Resources

• Resource: LevelUpRN.com for Fundamentals of Nursing flashcards.
• Engagement: Viewers encouraged to share mnemonic aids and feedback in video comments.
• Next Topic Preview: Theoretical foundations in nursing (Kohlberg, Maslow, Erikson, Piaget).
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Summary: The lecture covered intentional and unintentional torts emphasizing legal implications in nursing scenarios along with the duty of nurses as mandatory reporters to protect and report any suspicions of abuse without requiring concrete proof.