Assault, Battery, False Imprisonment. (Professional Nursing & Ethics)

This means wrong doing or Torture! civil wrong commited by a person against another resulting in harm. It is considered under Civil Law Tort liability is classified into Intentional Unintentional

person harmed by tort may sue the wrongdoer and seek compensation for the damages. The compensation in the form of money may include past and future damages such as: Medical bills payments. Lost wages (earnings). Future medical bills payments. Pain and suffering compensation.

violates the civil rights of an individual knowingly and willfully.

actions that cause harm resulting from carelessness or poor standard of care.

Assault Battery False imprisonment Invasion of privacy Defamation Fraud

Negligence Malpractice

An attempt or a threat to hurt a person unjustly and without consent. The key elements in assaults are fear and intimidation. Assault is under "criminal law"

A nurse threatening an unwilling patient with a needle. A nurse may tell a patient that he will be tied if he tries to get out of bed. Threaten to discharge the patient immediately if he does not agree to undergo a certain procedure. What all these considered?

An actual willful touching of another person without consent, that may or may not cause harm. Considered under civil law

Example: Nurse strikes the patient and throws him onto the bed causing the patient to sustain a fracture of his hand. A nurse who proceeds with the injection despite a patient's objection is committing battery. Performing any procedure without any form of consent (implied or written) is battery even if it is with good intention.

Restraining a patient without legal justification or consent for the convenience of the staff. Restrain can be physical or chemical

Locking the doors (except psychiatric wards) Using body or wrist restraints. Using geriatric chair to enclose an old person. Using psychotropic drugs for purpose of sedating only. Lying to patients that they cannot return if they leave the hospitals against the doctor's advice.

The use of restraint runs the risk of violating patient's autonomy. Restraint should not be used on competent patients. Use as a last resort.

Restraint must be ordered by physician for the exclusive use of preventing the patient from harm (not for staff convenience). Required to be reviewed and documented every shift. Conduct frequent assessment to ensure no complications arise due to the restrainers e.g. skin abrasion, bed sores, etc.

Should be removed once the patient is mentally stable. The patient's toilet need is attended to. The patient is receiving food and water. The patient's position must be changed frequently.

Do not threaten patients. Always obtain consent (implied or expressed) before performing any procedure, especially invasive ones that may be painful or uncomfortable. Abide by hospital policy regarding the use of restraint.

Nurses should be prepared to report poor standards of care or unprofessional conduct which they observed. Some nurses are unwilling to report such incidents because of the risk of facing stiff reprisal and retaliation from those who are accused or alleged of wrongdoing (social stigma and termination from job). However, by keeping quiet, nurses will be betraying their patients' trust in them as advocates.

Reporting (whistleblowing) can be done: *Internally* Voice their concern to their immediate supervisor (e.g. nurse manager). *Externally* Inform a third party such as the ministry, police, media