Negligence 2. A nurse gives a medication and client has an adverse reaction. Which items would be addressed? The health care provider performing the surgical procedure. A banana peel on the sidewalk is not inherently an unintentional tort, for example; it must actually cause harm to someone if it is to be grounds for a court case. Mary has a liberal arts degree from Goddard College and The nurse educator provides an educational session to the nursing staff on protection of a client's privacy. What is the most appropriate response made by the nurs, "Take it with you. The word tort is a french word meaning a wrong and a tort is classified as intentional or unintentional. Select all that apply. The type of unintentional tort described in the case. specialty knowledge and clinical judgment, The nurse is concerned about a potential malpractice or negligence lawsuit regarding a client that was cared for on the unit. When reviewing the cases, which legal case would the nurse attorney identify to best describe malpractice? The party who sues can receive a monetary reward for damages that occurred to the person who brought the civil lawsuit onto the wrong doer. A client being discharged from the hospital asks the nurse, "When I go visit my family out of state, should I take my living will with me, or do I need a new one for that state?" The types of torts? Examples of negligence torts include car accidents, bicycle accidents and … What type of law is the nurse in violation of? A person who commits an unintentional tort is negligent and does not intend to cause harm. As noted above, Hawkins seems to assume that malice is part of every intentional tort. A client is brought to the emergency department in an unconscious state with a head injury. Ever since she began contributing to the site several years ago, Mary has embraced the The plaintiff is suing for general damages. A tort is a private breach of someone else’s civil rights, and in the legal world a tort is what occurs when someone’s negligence directly causes damage to a person and/or their property. A nurse fails to communicate a change in the client's condition to the physician. What specific elements must be established to prove that malpractice or negligence has occurred in this client? Nurses are occasionally asked to witness a testator's (person who makes the will) signing of his or her will. The nursing faculty is lecturing on unintentional and intentional torts. The nurse is guilty of: The health care provider prescribes cold therapy every 4 hours for a client after foot surgery. When discussing the nurse's action, the charge nurse appropriately identifies which wrongdoing the nurse has violated? Likewise, hosts can be held to a higher standard for serving alcohol, a known risk, and manufacturers can be subject to higher standards under products liability law. Two types of torts are intentional torts and negligence. For example, a janitor has a duty to put up a wet floor sign after mopping. What governing body has the authority to revoke or suspend a nurse's license? When reviewing the case, the nurse attorney recognizes which most important statement about the malpractice suit? Slip and fall: These types of tort claims are very common since many people do not maintain their properties as they should. The client's cousin arrives on the medical surgical unit and asks to speak with the nurse caring for his cousin. The nurse ensures that the client's family signs the consent form. After proving duty of care, the plaintiff must be able to show that the respondent failed to act as a reasonable person did in the same situation. The unintentional tort are: 1. Compensation in such cases can vary widely, depending on the nature of the damage. Intentional torts occur as the result of a conscious and purposeful act. Part 2 Research and summarize a case that involves an unintentional tort in a healthcare setting in United States and identify the following information: The plaintiff. The “reasonable person” should be someone in a similar position with an average level of knowledge. Nurses complete incident reports as dictated by the agency protocol. So an example of this would be maybe hanging the wrong type of tube feeding without checking the order because the nurse didn’t think the doctor would change the tube feed order. A nurse witnesses a traffic accident and dresses the open wounds sustained by a child. All elements are in place to hold the nurse liable. The first is that there was a duty of care in the situation; the respondent was obliged to exercise some caution on behalf of the plaintiff, such as not hitting baseballs in the direction of the plaintiff’s house. These are usually committed on the breach of duty of care which a reasonable human being would’ve considered under normal circumstances. Tort is generally a civil wrongful act which may attract tortious liability. A tort is a legal wrong. If a tree-limber drops a limb on someone’s car, for instance, this is a clear cause and effect relationship. Here are a few examples. The client stops breathing and a nurse begins cardiopulmonary resuscitation. The most common kind of unintentional tort is negligence. The nurse is in violation of the Nurse Practice Act. Which example, if provided by the student, would indicate the student has a clear understanding of torts? Negligence occurs when an individual does not exercise duty of care. A nurse observes another nurse place an unused dose of narcotics in their pocket. A nurse is part of a group named in a malpractice lawsuit. The faculty asks a nursing student to provide an example of an unintentional tort. It’s unintended. 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