assault and battery. in general every time that one person touches another in an angry or rude...

15
Assault and Assault and battery battery

Upload: katherine-patterson

Post on 26-Dec-2015

213 views

Category:

Documents


1 download

TRANSCRIPT

Page 1: 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

Assault and batteryAssault and battery

Page 2: 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

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

and battery.and battery.

Page 3: 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

Forcing a patient to submit a treatment for Forcing a patient to submit a treatment for which he has not given his consent e.g. Kidney which he has not given his consent e.g. Kidney dialyses.dialyses.

Lifting a protesting pt's. from his bed to a wheel Lifting a protesting pt's. from his bed to a wheel chair or stretcher without consent. chair or stretcher without consent.

Cutting a pt's hair or having it cut without his/ Cutting a pt's hair or having it cut without his/ her consent.her consent.

Threatening to strike or actually striking an Threatening to strike or actually striking an unruly child.unruly child.

Ejecting a visitor from patient's room without Ejecting a visitor from patient's room without his consent.his consent.

Page 4: 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

ExtortingExtorting

Is the illegal use of fear to obtain money Is the illegal use of fear to obtain money or property from someone". or property from someone".

e.g.: "a physician or nurse who threats to e.g.: "a physician or nurse who threats to discontinue caring for a wealthy pt. discontinue caring for a wealthy pt. unless he makes a well in his /her unless he makes a well in his /her favor".favor".

Page 5: 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

AccessoryAccessory

““Is when you are connected with Is when you are connected with the commission of a crime but the commission of a crime but

didn’t actually do it by yourself”.didn’t actually do it by yourself”.

Page 6: 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

Crimes and tortsCrimes and torts

Page 7: 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

11 - -Intentional Torts Important To The NurseIntentional Torts Important To The Nurse AssaultAssault: placing a person in fear of being touched without his : placing a person in fear of being touched without his

consent. consent. E.g. threatening to hit someone.E.g. threatening to hit someone. BatteryBattery: actually touching someone with out his consent. : actually touching someone with out his consent. E.g. hitting someone.E.g. hitting someone. False imprisonmentFalse imprisonment: the unlawful detention of a person against : the unlawful detention of a person against

his whishes. his whishes. E.g." keeping a patient hospitalized until he has paid his bill".E.g." keeping a patient hospitalized until he has paid his bill". Invasion of privacyInvasion of privacy: violation of a person’s right to be left alone : violation of a person’s right to be left alone

and to have certain personal matters kept out of the public view. and to have certain personal matters kept out of the public view. E.g. "taking pictures of a malformed child without parental E.g. "taking pictures of a malformed child without parental

permission".permission". DefamationDefamation: injuring the good name of another person by telling : injuring the good name of another person by telling

falsehoods about him to a third person.falsehoods about him to a third person.

Page 8: 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

A.A. Libel defamationLibel defamation: written defamation, : written defamation, e.g. writing that someone is a thief.e.g. writing that someone is a thief.

B.B. Slander:Slander: oral defamation, e.g. saying some one oral defamation, e.g. saying some one is a thiefis a thief

FraudFraud: willful and purposeful misrepresentation : willful and purposeful misrepresentation that could cause or has caused harm or loss to a that could cause or has caused harm or loss to a person or property. e.g. " saying you have person or property. e.g. " saying you have worked as a matron before to have a post of worked as a matron before to have a post of nursing director, where you have never been nursing director, where you have never been so”.so”.

Page 9: 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

22 - -Unintentional TortsUnintentional Torts

known as: negligence and malpracticeknown as: negligence and malpractice NegligenceNegligence: is defined as performing an act that a : is defined as performing an act that a

reasonably prudent person under similar reasonably prudent person under similar circumstances would not do, or conversely failing circumstances would not do, or conversely failing to perform an act that a reasonably prudent person to perform an act that a reasonably prudent person under similar circumstances would dounder similar circumstances would do..

Malpractice:Malpractice: describes negligence of describes negligence of professional personnel.professional personnel.

Page 10: 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

N.BN.B::

Negligence or malpractice is usually Negligence or malpractice is usually determined by the mean of standard of determined by the mean of standard of

care decides what a reasonable care decides what a reasonable prudent persons would or would not prudent persons would or would not do. It’s also compulsory following by do. It’s also compulsory following by

nurses in their particular areas of nurses in their particular areas of practice.practice.

Page 11: 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

Most Common Acts of Most Common Acts of NegligenceNegligence

Careless attention to a patent’s personal Careless attention to a patent’s personal belongings (dentures, money belongings (dentures, money jewelry ...Etc.)jewelry ...Etc.)

Failure to respond or to ask someone else Failure to respond or to ask someone else to respond promptly to a patient’s called to respond promptly to a patient’s called light or signal.light or signal.

Failure to use adequate precautions to Failure to use adequate precautions to protect the patient against injury.protect the patient against injury.

Failure to carry out orders for treatments or Failure to carry out orders for treatments or medications.medications.

Page 12: 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

Most Common Acts of Most Common Acts of NegligenceNegligence……contcont

Failure to report your own fatigue or illness that Failure to report your own fatigue or illness that might prevent the nurse from carrying out nursing might prevent the nurse from carrying out nursing responsibilities competently and safety.responsibilities competently and safety.

Irresponsible attention to a dying patients requests Irresponsible attention to a dying patients requests for medical attention.for medical attention.

Failure to take whatever steps are necessary in Failure to take whatever steps are necessary in certain emergencies to protect the victim from certain emergencies to protect the victim from further injury until medial care is available.further injury until medial care is available.

Failure to see faulty equipment is removed from Failure to see faulty equipment is removed from use, that crowded corridors or hallways are clear use, that crowded corridors or hallways are clear so that slippery or unclean floors are taken care so that slippery or unclean floors are taken care of.of.

Page 13: 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

""It is wise to report persistent hazards in It is wise to report persistent hazards in writing and keep a copy for personal writing and keep a copy for personal protection".protection".

failure to recognize the dangers inherent in failure to recognize the dangers inherent in an order, even if it is written by physician an order, even if it is written by physician who theoretically is better informed than who theoretically is better informed than the nurse about the potency and action of the nurse about the potency and action of drugs.drugs.

Foreign objects left in clients.Foreign objects left in clients.

Page 14: 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

Burns and falls. Burns and falls. Nosocomial infections. Nosocomial infections. Errors done to family assistance in Errors done to family assistance in

patient care.patient care. Failure to exercise reasonable Failure to exercise reasonable

judgment.judgment. Mistaken identity.Mistaken identity. Failure to communicate.Failure to communicate.

Page 15: 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

Thank You AllThank You All

Any Question ??????Any Question ??????