Please share! Battery: Remember A before B! This article considers how the terms violence, aggression and physical assault are conceptualised in the healthcare setting and suggests that nursing staff need to identify and act on any incident . Those who are committing the abuse may target patients who have difficulty talking, have few visitors, or who suffer from dementia or impaired memory. Unintentional torts are unintended acts against a patient that cause them harm. Battery is more physical, and instead of threatening violent acts, you are committing them. With flashcards, videos, courses, organizational tools and more, we are singularly focused on helping students and nurses Level Up on their exams and nursing careers. If a nurse suspects abuse is occurring, they are NOT required to have proof or concrete evidence, which means they don't carry the "burden of proof." Aggravated Assault and Battery vs. Relies on implied consent as an agreement . Battery is the harmful or offensive touching of another person. Without the other person's consent. And then I ask the parent, so how did your son break his arm? Conditional confidentiality applies to minors under the age of 18. For example, if it were a parent and child, the nurse could interview the child and ask, "how did you break your arm?" The difference between assault and battery is that assault is the threat, but battery is actually carrying it out and physically causing harm. HIPAA regulations extend beyond medical records and apply to client information shared with others. Taxes and shipping calculated at checkout, Add description, images, menus and links to your mega menu, A column with no settings can be used as a spacer, Link to your collections, sales and even external links, by Cathy Parkes March 19, 2021 Updated: December 29, 2021. State laws determine what information is considered confidential and what requires reporting to law enforcement or Child Protective Services, such as child abuse, gunshot or stabbing wounds, sexually transmitted infections, abortions, suicidal ideation, and homicidal ideation. HIPAA was enacted in 1996 and was prompted by the need to ensure privacy and protection of personal health records in an environment of electronic medical records and third-party insurance payers. The reason is that victim can easily prove the physical evidence of battery charge. If we say to a patient that I'm going to hit you or something like that, again, that is assault because it is a threat. Both of them are defamation of character, but they're slightly different. . Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact. Suesquatch said: Very simple. unlawful wounding. When an assault and battery case occurs, it means someone has been simultaneously threatened and harmed. Any person who commits a simple assault or assault and battery is guilty of a Class 1 misdemeanor, and if the person intentionally selects the person against whom a simple assault is committed because of his race, religious conviction, gender, disability, gender identity . . 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. Individually identifiable health information, including demographic data, that relates to the individuals past, present, or future physical or mental health or condition; the provision of health care to the individual; and the past, present, or future payment for the provision of health care to the individual. An intentional tort is a willful act that violates a patient's rights. July 12, 2021 The punishment of battery charge against a person is very tough as compared to assault. Her experience prior to opening her private practice included a year of insurance defense for a major insurance company and establishing a law firm with two other attorneys. Nurses should follow these practices to avoid allegations of malpractice[25]: Read more about actual nursing malpractice cases in the Frequent Allegations and SBON Investigations section of the Legal Implications chapter in Open RN Nursing Management and Professional Concepts. So let's kind of lay it out in a way that we can understand. The word 'assault' has been held to have a very wide definition. Additional information regarding the use of restraints is discussed in the Patient Rights section. The nature of the offence, the circumstances in which it occurred and the type of injury sustained will determine the charge that is laid. Assault is the threat of harm, and battery is the physical act itself. [17], The second element of malpractice is breach of duty. Elder Abuse: Prevention Strategies.Centers for Disease Control and Prevention. California Penal Code 242 as "any willful and unlawful use of force or violence upon the person of another." While assault is the attempt at violence, battery is the act itself. To qualify as a nurse expert, the person testifying must have relevant experience, education, skill, and knowledge. Slander and libel are intentional torts. If the nursing home was aware of the abuse or knew that these staff members had a history of abusing patients, you may also be able to file a negligence suit against the facility. Our flashcards are the best you can buy. Posted July 22nd, 2021 by Anthony Carbone. Nancy J. Brent, RN, MS, JD, a nurse attorney in private law practice in Wilmette, IL, represents nurses and other health care providers before the state agency that regulates health professionals. For example, in Wisconsin, suspected neglect or abuse is reported to Child Protective Services (CPS), Adult Protective Services, or law enforcement. Slapping. An assault can occur without any other intentional tort. If a nursing home staff member refuses to leave you alone with the patient that is another sign that your loved one might be being abused. A person bringing the lawsuit is called the plaintiff, and the parties named in the lawsuit are called defendants. Whether you are just starting school or youre already prepping for the NCLEX, this bundle of flashcards is the best you can buy. When someone punches, pushes, kicks, pinches, and slaps another person, they have committed battery. So for instance, if we have a patient that we put in seclusion, and we didn't have an order for it, then that would be false imprisonment. After she got her BSN and started working as an RN at Scripps Encinitas Hospital, she started this YouTube channel to help nursing students around the world. For example, when applying HIPAA to mental health inpatient settings, nurses may not answer in the affirmative if someone calls and asks if an individual has been admitted to the unit. Threaten, gesture or attempt to apply a force of any kind on the other person. A nurse who proceeds with the injection despite a patient's objection is committing battery. Adhere to organizational policies and procedures. Torts can be categorized as intentional or unintentional. Actual bodily harm (ABH) is a criminal offence under Section 47 of the Offences against the Person Act 1861. Fraud can result in civil and criminal charges, as well as suspension or revocation of a nurses license.[14]. A nurse can interview the suspected abuser and the patient separately, then compare notes and document the consistencies and inconsistencies in the story. After accusing the staff of abuse, they may act in retaliation against the patient. Assault and Battery. Did you use your office [], We understand, professional liability insurance isn't the most exciting thing to learn about, but it's important. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information, kept private. If it was, please go ahead and like the video. While battery is implied in provision (a) of Section 265 (1), it is more clear cut in Section 257's assault with a weapon or causing bodily . The use of family, friends, or other untrained interpreters is unsafe practice and is not consistent with acceptable standards of practice. A complaint can be filed against a nurse by anyone, such as a patient, a patients family member, a colleague, or an employer. Failing to do so creates an assumption of departure from standards. They are built with a single goal: help you pass with no fluff. Dont take our word for it, though! Okay, next up is false imprisonment. We'll also explain a legal requirement for nurses . Now battery, on the other hand, is actually the touching of a patient without consent that causes harm. A nurse may be charged with fraud for documenting interventions not performed or for altering documentation to cover up an error. They may not want to leave at this time, but what we can do is develop a safety plan. There is often confusion between the torts of assault and battery. When you see this Cool Chicken, that indicates one of Cathy's silly mnemonics to help you remember. [18], Experts are needed during court hearings to explain things outside the knowledge of non-nurse jurors. If a nurse forcibly administers medication without a patients consent, it could be ruled assault or battery in a court of law. Because these offenses may have the same act in common, both attempted and carried . HIPAA does not apply to reporting the suspected neglect or abuse of children, adults at risk, or older adults. It's important to you [], It is important to keep in mind that when a patient injury or death occurs due to a nurses professional negligence, it is not uncommon []. Nurses should be aware of the county or state agencies to whom they should report suspected abuse. For example, if the nursing staff delays you significantly before letting you see the patient, it might suggest that they recently had committed a form of physical abuse. These are available on our website, LevelUpRN.com, so if you are following along with me at home, these are going to be cards 9, 10 and 11. In Virginia, assault and battery is considered a Class 1 Misdemeanor which can lead to jail time and a $2,500 fine. Nancy J. Brent (with three contributors) 2nd Edition. Economic injuries can include lost wages, additional medical expenses, rehabilitation, durable medical expenses, the need for architectural changes to ones home, the loss of earning capacity, the need to hire people to perform tasks the plaintiff can no longer do, and the loss of financial support. (3). The words assault and battery are often used and often interchanged. Thanks, I like the explanation, its very simplifing. Federal regulations to ensure the privacy and protection of personal records and information. In a civil lawsuit, after a plaintiff has established the nurse owed a duty to the patient, breached that duty, and injury was caused by the nurses breach, they must prove the injury resulted in damages. If consent is not established, there may be legal consequences for health professionals. This topic, and other facts on abuse including the nursing care of patients experiencing abuse, is covered in our Psychiatric Mental Health Nursing Flashcards. . If words are accompanied by a show of force that would give a person reason to fear or expect immediate bodily harm, then an assault would take place. It is mandatory for nurses to report suspicion of abuse that has happened or might be actively happening to their patient. This is another example of nurses being held to a higher standard because of their job and licensingif a random person suspects abuse, they are not legally required by any laws or regulations to report it, but nurses are. Marge is a nursing assistant working in a nursing home, caring for elderly and disabled people. [4], Assault and battery are intentional torts. Assault and Battery. Assault is a threat made against a person that makes them fearful. A nurse can provide information to any vulnerable adult about safe houses or shelter that they can find refuge in, which would be a safe place for the patient to stay. forces you against your will to commit an act of gross indecencya sexual act that does not involve penetration, for example a person forces you to touch their genitals. . Malpractice though is negligence by a professional - for instance a registered nurse. 5-2 Assault is an offence Under s 246: It's just alphabetical. Assault is the threat. So first is assault. This means that the fear must be something a reasonable person would foresee as threatening to them. This is also knowledge you need for the NCLEX! False imprisonment is the act of keeping someone somewhere against their will, when they should otherwise be free to go. Nurses also have a legal duty to be physically, mentally, and morally fit for practice. That is a threat. Finding evidence of assault and battery in a nursing home is not an easy task. Battery, on the other hand, referred to an intentional and offensive physical . No contact . Battery is covered as a part of a broader overview on intentional torts in ourFundamentals of Nursing Flashcardsto help you learn and retain the key Fundamentals information you need for the ATI, HESI, and NCLEX. So this does not mean that I have to have proof, that I have concrete evidence. Battery: battery is charged with imprisonment for up to six months and / or . Elder Abuse and Neglect.HelpGuide.org. These torts, if you recall, do not rest on the, of the nurse to harm a patient but rather occurs due to a breach of the standard of care in a particular situation. Outside the work environment, a nurse-patient relationship is created when the nurse volunteers services. After a complaint is filed, the SBON follows a disciplinary process that includes investigation, proceedings, board actions, and enforcement. Taxes and shipping calculated at checkout, Add description, images, menus and links to your mega menu, A column with no settings can be used as a spacer, Link to your collections, sales and even external links, by Meris Shuwarger BSN, RN, CEN, TCRN In Canadian law Section 267, physical harm is similar to Battery. Nevertheless, it often is alleged with the tort of battery. Document in a manner that permits accurate reconstruction of patient assessments and the sequence of events, especially when notifying providers regarding clinical concerns. As soon as waving advances to beating, the crime becomes one of assault and battery. A nurse may have a patient who is experiencing intimate partner violence, and they may not be able to help them out of that situation that day, or the patient may not want to leave at that time. [13], Fraud is an intentional tort that occurs when an individual is deceived for personal gain. sexual assault. Rights, responsibilities, and legal relationships between private citizens and involves compensation to the injured party. Most states have laws regarding the duty to protect third parties from potential life threats. Edition. Threatening them verbally or pretending to hit them are both examples of assault that can occur in a nursing home. For example, a hospitalized patient can refuse to take prescribed medication. In your Fundamentals of Nursing coursework, you will likely need to learn about, and be alert to, some legal requirements of the nursing profession as well as legal violations. Assault is threatening a patient, Battery is following through with that threat. Clients bringing a malpractice lawsuit must be able to demonstrate to the court that their interests were harmed. Well, that answer depends on two things: 1. The Security Rule sets national standards for protecting the confidentiality, integrity, and availability of electronically protected health information. Even though there is no injury to the patient as a result of the surgery (e.g., the ovaries of the patient were removed during a procedure for a D & C only), a battery has still taken place due to the invasion of the patients right to provide consent and in the interest of the patients right to be free from anxiety and humiliation that the battery took place. Join our channel! https://www.youtube.com/leveluprn/join LEVEL UP NURSE SQUAD All of the nurses at Level Up RN are here to help! . See also: assault and battery. In contrast, the intentional torts of assault and battery require intent; that is, they require purposeful conduct that interferes with anotherse.g., the patientsinterest and with a specific outcome in mind. As a general intent crime, battery doesn't require a specific mens rea. (5) The interest that is protected in a battery is the freedom from such a touching or physical touching. Assault is the intentional act of making someone fear that you will cause them harm. 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