When the nurse inserts an ordered urinary catheter into the client's urethra after the client has refused the procedure, and then the client suffers an injury, the client may sue the nurse for which type of tort?
Battery.
Dereliction of duty.
Assault.
Invasion of privacy.
The Correct Answer is A
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.
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Correct Answer is B
Explanation
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. .
Correct Answer is D
Explanation
Choice A rationale
Opioid analgesics, while causing central nervous system depression and potentially leading to drowsiness and difficulty falling asleep, are less likely to directly cause difficulty *remaining* asleep. Their primary effect on sleep is usually at the initiation stage due to their sedative properties.
Choice B rationale
Physical therapy scheduled for 4: p.m. might cause some fatigue, potentially aiding sleep onset. However, unless it causes significant pain or discomfort later in the night, it's unlikely to be a primary factor in difficulty remaining asleep.
Choice C rationale
Frequent blood glucose checks, while potentially disruptive, are typically brief interventions. Unless the client experiences significant fluctuations in blood sugar levels that cause nocturnal symptoms like sweating or palpitations, these checks are less likely to be the main cause of difficulty remaining asleep. Normal fasting blood glucose ranges from 70 to 100 mg/dL.
Choice D rationale
Intravenous antibiotics administered every 3 hours necessitate frequent awakenings throughout the night to maintain therapeutic drug levels. These repeated interruptions to the sleep cycle directly interfere with the ability to remain asleep, fragmenting sleep patterns and preventing the client from achieving restorative sleep.
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