Assault and battery. In general every time that one person touches another in an angry or rude manner and every blow or push with intent to injure considered.

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Presentation transcript:

Assault and battery

In general every time that one person touches another in an angry or rude manner and every blow or push with intent to injure considered as assault and battery.

Forcing a patient to submit a treatment for which he has not given his consent e.g. Kidney dialyses. Forcing a patient to submit a treatment for which he has not given his consent e.g. Kidney dialyses. Lifting a protesting pt's. from his bed to a wheel chair or stretcher without consent. Lifting a protesting pt's. from his bed to a wheel chair or stretcher without consent. Cutting a pt's hair or having it cut without his/ her consent. Cutting a pt's hair or having it cut without his/ her consent. Threatening to strike or actually striking an unruly child. Threatening to strike or actually striking an unruly child. Ejecting a visitor from patient's room without his consent. Ejecting a visitor from patient's room without his consent.

Extorting Is the illegal use of fear to obtain money or property from someone". Is the illegal use of fear to obtain money or property from someone". e.g.: "a physician or nurse who threats to discontinue caring for a wealthy pt. unless he makes a well in his /her favor".

Accessory “ Is when you are connected with the commission of a crime but didn’t actually do it by yourself”.

Crimes and torts

1- Intentional Torts Important To The Nurse Assault: placing a person in fear of being touched without his consent. Assault: placing a person in fear of being touched without his consent. E.g. threatening to hit someone. Battery: actually touching someone with out his consent. Battery: actually touching someone with out his consent. E.g. hitting someone. False imprisonment: the unlawful detention of a person against his whishes. False imprisonment: the unlawful detention of a person against his whishes. E.g." keeping a patient hospitalized until he has paid his bill". Invasion of privacy: violation of a person’s right to be left alone and to have certain personal matters kept out of the public view. Invasion of privacy: violation of a person’s right to be left alone and to have certain personal matters kept out of the public view. E.g. "taking pictures of a malformed child without parental permission". Defamation: injuring the good name of another person by telling falsehoods about him to a third person. Defamation: injuring the good name of another person by telling falsehoods about him to a third person.

A. Libel defamation: written defamation, e.g. writing that someone is a thief. B. Slander: oral defamation, e.g. saying some one is a thief Fraud: willful and purposeful misrepresentation that could cause or has caused harm or loss to a person or property. e.g. " saying you have worked as a matron before to have a post of nursing director, where you have never been so”. Fraud: willful and purposeful misrepresentation that could cause or has caused harm or loss to a person or property. e.g. " saying you have worked as a matron before to have a post of nursing director, where you have never been so”.

2- Unintentional Torts known as: negligence and malpractice Negligence: is defined as performing an act that a reasonably prudent person under similar circumstances would not do, or conversely failing to perform an act that a reasonably prudent person under similar circumstances would do. Negligence: is defined as performing an act that a reasonably prudent person under similar circumstances would not do, or conversely failing to perform an act that a reasonably prudent person under similar circumstances would do. Malpractice: describes negligence of professional personnel. Malpractice: describes negligence of professional personnel.

N.B: Negligence or malpractice is usually determined by the mean of standard of care decides what a reasonable prudent persons would or would not do. It’s also compulsory following by nurses in their particular areas of practice.

Most Common Acts of Negligence Careless attention to a patent’s personal belongings (dentures, money jewelry...Etc.) Careless attention to a patent’s personal belongings (dentures, money jewelry...Etc.) Failure to respond or to ask someone else to respond promptly to a patient’s called light or signal. Failure to respond or to ask someone else to respond promptly to a patient’s called light or signal. Failure to use adequate precautions to protect the patient against injury. Failure to use adequate precautions to protect the patient against injury. Failure to carry out orders for treatments or medications. Failure to carry out orders for treatments or medications.

Most Common Acts of Negligence … cont Failure to report your own fatigue or illness that might prevent the nurse from carrying out nursing responsibilities competently and safety. Failure to report your own fatigue or illness that might prevent the nurse from carrying out nursing responsibilities competently and safety. Irresponsible attention to a dying patients requests for medical attention. Irresponsible attention to a dying patients requests for medical attention. Failure to take whatever steps are necessary in certain emergencies to protect the victim from further injury until medial care is available. Failure to take whatever steps are necessary in certain emergencies to protect the victim from further injury until medial care is available. Failure to see faulty equipment is removed from use, that crowded corridors or hallways are clear so that slippery or unclean floors are taken care of. Failure to see faulty equipment is removed from use, that crowded corridors or hallways are clear so that slippery or unclean floors are taken care of.

" It is wise to report persistent hazards in writing and keep a copy for personal protection". failure to recognize the dangers inherent in an order, even if it is written by physician who theoretically is better informed than the nurse about the potency and action of drugs. failure to recognize the dangers inherent in an order, even if it is written by physician who theoretically is better informed than the nurse about the potency and action of drugs. Foreign objects left in clients. Foreign objects left in clients.

Burns and falls. Burns and falls. Nosocomial infections. Nosocomial infections. Errors done to family assistance in patient care. Errors done to family assistance in patient care. Failure to exercise reasonable judgment. Failure to exercise reasonable judgment. Mistaken identity. Mistaken identity. Failure to communicate. Failure to communicate.

Thank You All Any Question ??????