10.17: Torts I
Torts in nursing are wrongful acts that can harm patients and potentially lead to civil liability for the involved nurse. These wrongful acts range from unintentional errors to deliberate actions. Depending on the nature and severity of the tort, a nurse found liable may face financial penalties or disciplinary actions. Understanding the distinctions between intentional, quasi-intentional, and unintentional torts is crucial for nurses to mitigate risks and provide safe patient care.
Intentional Torts
Intentional torts in nursing involve acts or omissions carried out with the intent to harm or injure a patient. These actions can lead to civil lawsuits for damages. Examples include:
- • Battery occurs when a nurse performs a procedure without the patient's consent. For example, administering a medication to a patient who has explicitly refused it.
- • Assault in healthcare occurs when a provider's threatening behavior causes a patient to fear immediate harm. For example, threatening to administer an injection despite a patient’s refusal, or aggressively waving medical instruments at a patient who has declined a procedure, can instill fear of unwanted medical treatment or harm.
- • False imprisonment occurs when a nurse restrains a patient's freedom of movement without legal justification, such as using restraints on a patient without a valid clinical reason or beyond the necessary time.
Quasi-Intentional Torts
Quasi-intentional torts are actions or omissions by a nurse that, although not intended to cause harm, result in injury or damage to another person, such as a patient. For example:
- • Invasion of Privacy: This involves sharing confidential patient information without consent or need, such as discussing a patient's medical condition with unauthorized persons, which breaches patient privacy and confidentiality.
Unintentional Torts
Unintentional torts in nursing involve negligent actions or failures to act that inadvertently cause injury or harm to a patient. These are among the most common torts in healthcare and include:
- • Malpractice occurs when a nurse fails to adhere to the standards of care, resulting in patient harm. An example is administering the wrong medication or dosage due to a lack of attention to the patient's chart.
- • Negligence is similar to malpractice and occurs when a nurse fails to meet the expected standard of care, such as neglecting to monitor a patient's vital signs as required, leading to an undetected deteriorating condition.
In summary, nurses must exercise diligence, respect patient rights, and adhere strictly to professional standards and protocols to avoid legal liabilities associated with torts. By understanding the types of torts and incorporating preventive measures such as obtaining informed consent, maintaining patient privacy, and following best practices in patient care, nurses can significantly reduce the risk of legal repercussions and improve the quality of care delivered to patients.
