Podcast
Questions and Answers
Negligence can be described as performing an act that a prudent nurse would not perform. Which of the following best illustrates this definition?
Negligence can be described as performing an act that a prudent nurse would not perform. Which of the following best illustrates this definition?
What does assault primarily involve?
What does assault primarily involve?
Which situation represents the failure to perform an act that a reasonable nurse would perform?
Which situation represents the failure to perform an act that a reasonable nurse would perform?
What is NOT considered an act of negligence in nursing?
What is NOT considered an act of negligence in nursing?
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What is a key element of intentional torts?
What is a key element of intentional torts?
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Which of the following actions would likely be seen as a negligent act by a nurse?
Which of the following actions would likely be seen as a negligent act by a nurse?
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Which of the following is an example of false imprisonment?
Which of the following is an example of false imprisonment?
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What characterizes the prudent nurse's actions in a clinical setting?
What characterizes the prudent nurse's actions in a clinical setting?
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Which term describes the act of causing physical harm to another person?
Which term describes the act of causing physical harm to another person?
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Which of the following can result in assault?
Which of the following can result in assault?
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What is an example of unjustifiable detention?
What is an example of unjustifiable detention?
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How can nurses minimize the risk of lawsuits?
How can nurses minimize the risk of lawsuits?
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What is NOT a characteristic of ethical care?
What is NOT a characteristic of ethical care?
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Which term describes the wrongful confinement of a person?
Which term describes the wrongful confinement of a person?
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What should nurses prioritize to ensure legal compliance?
What should nurses prioritize to ensure legal compliance?
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What constitutes battery in a professional context?
What constitutes battery in a professional context?
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Which action could be considered a form of battery?
Which action could be considered a form of battery?
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Which of the following does not necessarily indicate battery?
Which of the following does not necessarily indicate battery?
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Which term is synonymous with actions that could lead to battery?
Which term is synonymous with actions that could lead to battery?
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What is a crucial factor in determining whether an act is battery?
What is a crucial factor in determining whether an act is battery?
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What consequence does a breach of duty typically result in?
What consequence does a breach of duty typically result in?
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How would a reasonable and prudent nurse typically act?
How would a reasonable and prudent nurse typically act?
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What is a key factor in establishing causation in a medical context?
What is a key factor in establishing causation in a medical context?
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What constitutes a breach of duty in healthcare?
What constitutes a breach of duty in healthcare?
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What does the concept of breach of duty imply about a nurse's actions?
What does the concept of breach of duty imply about a nurse's actions?
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How is the concept of breach of duty related to patient outcomes?
How is the concept of breach of duty related to patient outcomes?
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What is a primary factor in determining a breach of duty?
What is a primary factor in determining a breach of duty?
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Which of the following best describes the role of a prudent nurse?
Which of the following best describes the role of a prudent nurse?
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Which of the following describes an important aspect of causation?
Which of the following describes an important aspect of causation?
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Which of the following is not a necessary component for proving causation?
Which of the following is not a necessary component for proving causation?
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Flashcards
Breach of duty
Breach of duty
Failing to meet the expected standard of care by a professional such as a nurse or physician.
Standard of care
Standard of care
The expected level of skill and care a professional should provide.
Direct Cause
Direct Cause
The specific action or inaction that led to the negative outcome or injury.
Loss/Injury
Loss/Injury
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Causation in Healthcare
Causation in Healthcare
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Negligence (Nursing)
Negligence (Nursing)
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Act of omission
Act of omission
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Act of commission
Act of commission
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Reasonable and prudent nurse
Reasonable and prudent nurse
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Nursing Standard of Care
Nursing Standard of Care
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Intentional Torts
Intentional Torts
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Assault
Assault
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Battery
Battery
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False Imprisonment
False Imprisonment
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Circumstances
Circumstances
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Reasonable, Prudent Nurse
Reasonable, Prudent Nurse
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Breach of Duty: What is it?
Breach of Duty: What is it?
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Breach of Duty: Example
Breach of Duty: Example
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Breach of Duty: Key Element
Breach of Duty: Key Element
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Breach of Duty: Outcome
Breach of Duty: Outcome
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Unjustifiable Detention
Unjustifiable Detention
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False Imprisonment in Healthcare
False Imprisonment in Healthcare
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Safe, Ethical, Legal, & Competent Care
Safe, Ethical, Legal, & Competent Care
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Minimizing Lawsuits
Minimizing Lawsuits
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Documentation: Key to Defense
Documentation: Key to Defense
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Battery (Healthcare)
Battery (Healthcare)
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Harmful or Unwarranted Contact
Harmful or Unwarranted Contact
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Client Consent
Client Consent
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Touching Without Consent
Touching Without Consent
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Actual Harm vs. Battery
Actual Harm vs. Battery
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Study Notes
Negligence and Malpractice
- Negligence involves failing to perform professional duties according to a reasonable standard of care
- Malpractice is a type of negligence, involving a failure to perform a prudent action or performing a non-prudent action
- Malpractice suits require four elements to be successful:
- Duty: A legally recognized relationship between the nurse and client, in which the nurse acts in that capacity
- Breach of Duty: Failure to meet a standard of care; the nurse did not act as a reasonable, prudent nurse would
- Causation: The nurse's breach of duty directly caused the harm to the client (injury, loss, or death)
- Injury/Damage: The client suffered some type of loss, damage, or injury as a result of the nurse's actions
Intentional Torts
- Intentional torts involve actions, like assault, battery, and false imprisonment, that are committed intentionally
- Assault: Any action causing fear of being touched, without actual touching. This can include threats of restraint or injection.
- Battery: Harmful or unwarranted physical contact with the client, without their consent. This may or may not result in physical harm.
- False Imprisonment: Unjustifiable detention of the client, such as applying restraints inappropriately.
Preventing Liability
- Nurses can reduce the risk of lawsuits by carefully documenting care, ensuring all actions are safe, ethical, and legal, and providing competent care.
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Description
This quiz explores the concepts of negligence and malpractice within the nursing profession. It covers the definitions, essential elements for malpractice suits, and the implications of intentional torts such as assault and battery. Test your understanding of these critical legal topics relevant to healthcare practices.