A nurse accidentally administers a medication to the wrong patient, and the patient experiences a serious untoward reaction.
For which tort can the nurse be legally charged?
Negligence.
Malpractice.
Assault.
Battery.
The Correct Answer is B
Choice A rationale
Negligence is the failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. While administering the wrong medication is a breach of duty, legal charges of negligence might not fully capture the severity of a serious untoward reaction resulting from a medication error by a professional.
Choice B rationale
Malpractice is a specific type of negligence committed by a professional, such as a nurse, in the performance of their professional duties. Administering the wrong medication, leading to a serious adverse reaction, falls under the scope of professional nursing practice and can be considered a breach of the professional standard of care, thus potentially leading to charges of malpractice.
Choice C rationale
Assault is an intentional act that creates a reasonable apprehension of immediate harmful or offensive contact. Administering medication, even the wrong one, is usually not intended to cause apprehension of harm in the way assault is legally defined.
Choice D rationale
Battery is the intentional touching of another person without consent. While administering the wrong medication involves touching without consent, the more appropriate legal charge in a professional healthcare setting where harm results from a breach of duty is typically malpractice. .
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Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is A
Explanation
Choice A rationale
Battery in a legal context refers to the intentional touching of another person without their consent. Inserting a urinary catheter into a client's urethra after the client has explicitly refused the procedure constitutes a non-consensual physical contact. Even if the procedure was ordered, the lack of consent transforms the act into battery, especially if it results in injury to the client.
Choice B rationale
Dereliction of duty, a component of negligence, involves a failure to meet the accepted standard of care. While inserting a catheter against a client's will could be seen as a failure in ethical and potentially professional standards, the specific tort of battery focuses on the unauthorized physical contact, regardless of whether it was done negligently or with intent to harm (though intent to touch without consent is present).
Choice C rationale
Assault involves an intentional act that creates a reasonable apprehension of immediate harmful or offensive contact. While the client may have felt threatened or apprehensive when the nurse proceeded despite their refusal, the actual insertion of the catheter and subsequent injury constitute battery, as physical contact occurred. Assault precedes battery; battery is the actual physical contact.
Choice D rationale
Invasion of privacy pertains to the wrongful intrusion into a person's private affairs or the public disclosure of private information. While a client has a right to privacy regarding their body and medical procedures, the act of physically inserting a catheter against their will, leading to injury, primarily constitutes a physical violation and lack of consent, which falls under the definition of battery.
Correct Answer is D
Explanation
Choice A rationale
While clarifying values is important in end-of-life care, the immediate need is to respect the client's current wishes and provide space for processing his emotions. Forcing a values clarification at this moment might add pressure.
Choice B rationale
Educating the client on death and dying concepts might be helpful at some point, but it doesn't directly address his immediate emotional need to protect his family from sadness. His focus is on their well-being, not his understanding of the dying process.
Choice C rationale
Arranging a meeting without the client's consent or readiness disregards his autonomy and stated wishes. This could increase his distress and violate his right to make decisions about his interactions.
Choice D rationale
Providing time for quiet reflection acknowledges the client's emotional state and respects his need to process his feelings privately. This allows him to cope with his impending death in a way that feels most comfortable and protective of his family, fostering autonomy and dignity.
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