The nature of the offence, the circumstances in which it occurred and the type of injury sustained will determine the charge that is laid. [23], Determining the specific amount a plaintiff needs can require expert witness testimony from a person known as a life care planner who is trained in analyzing and evaluating medical costs, as well as the subjective determination of a jury. It's important to note that it does not have to be proved that the victim's reputation was actually harmed, just that the statements could have potentially harmed their reputation. So definitely check that out if you need a refresher on those concepts. It can be very difficult to prevent or stop abuse in situations when the victim feels afraid or secluded and does not report what is happening to supervisors or their family. , on. Your support ID is: 17922919554534453148. Physical abuse at nursing homes is a serious problem. Assault and battery are two separate legal offenses that occur between two people. The Fundamentals of Nursing video series follows along with our Fundamentals of Nursing flashcards, which are intended to help RN and PN nursing students study for nursing school exams, including the ATI, HESI, and NCLEX. Both offenses are severe and can result in imprisonment and fine punishment. There are two kinds of defamation of character that you need to know about when you're studying torts in nursing; slander and libel. In nursing, negligence is defined as a failure to provide care that a reasonably prudent person would have. For example, if you were to say, "If you don't stop acting up, I am going to tie you down," or "I am going to hit you," those would be threats against a patient and thus, assault. Okay, last, on card 11 we are talking about mandatory reporting. Here we'll define some of the legal violations in the nursing practice, including intentional and unintentional torts. The Cool Chicken hints in these articles are just a taste of what's available across our Level Up RN Flashcards for nursing students! Malpractice lawsuits are concerned with the legal obligations nurses have to their patients to adhere to current standards of practice. You'll hear two of these come up time and time again. When you visit a nursing home resident, you should keep an eye out for certain warning signs. Stop Abuse.National Center on Elder Abuse. Assault vs. (1). [17], The second element of malpractice is breach of duty. A lawyer who is experienced with nursing home lawsuits will be able to help you determine what legal options are available. [9] See Figure 5.3[10] for a depiction of confidentiality. Web. So willful and intentional being the key words. Read more about protective services in your state. At one time, the crimes of assault and . And the most important information, we always call out by making it bold and red, or putting it with a key point icon. Whether you are just starting school or youre already prepping for the NCLEX, this bundle of flashcards is the best you can buy. A system of laws that punishes individuals who commit crimes. Battery is actually carrying it out and harming the patient, putting your hands on them. But for anyone who is reading this: if you or someone you know is experiencing abuse or domestic violence, you can call theNational Domestic Violence Hotline (external link) at 1800799SAFE(7233). Assault is the threat. Sign up to get the latest on sales, new releases and more , Sign up to get the latest study tips, Cathy videos, new releases and more. It is very easy to prove the offense of battery rather than assault. ONCE YOU BECOME A CLIENT OF THE FIRM, INFORMATION REGARDING YOUR CLAIM MAY BE TRANSMITTED IN COMPLIANCE WITH HIPAA AND HOUSE BILL 300. Elder Abuse: Prevention Strategies.Centers for Disease Control and Prevention. As a general intent crime, battery doesn't require a specific mens rea. . In one of the early Bulletins, I discussed the torts of negligence and professional negligence. March 20, 2015. If a patient was trying to leave against medical advice and you physically blocked the door, that is false imprisonment and an intentional tort. Adults at risk are adults who have a physical or mental condition that impairs their ability to care for their own needs. Unintentional torts can result from acts of commission (i.e., doing something a reasonable nurse would not have done) or omission (i.e., failing to do something a reasonable nurse would do). Battery offenses are charged as first-degree misdemeanors which can result in up to 1 year of jail and a $1,000 fine. So let's get started. Restraints can be physical, chemical, or verbal. Battery: Remember A before B! For example, in Wisconsin, suspected neglect or abuse is reported to Child Protective Services (CPS), Adult Protective Services, or law enforcement. Damages fall into several categories, including compensatory (economic) damages, noneconomic damages, and punitive damages.[24]. Here we'll define some of the legal violations in the nursing practice, including intentional and unintentional torts. 2 Comments. Personal relationships with patients or their families can be red flags for juries and can be viewed as evidence of departure from professional standards. If there is injury to the patient, however, the physician would also be liable to the patient for that injury. Assault and battery is a criminal offense, so you should quickly inform the authorities, so that they can prosecute the offenders and prevent them from harming any other patients. Explain the difference between "assault" and "battery" is: A tort is an act of commission or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. 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