Which of the following are examples of intentional torts in nursing practice? (Select all that apply)
A nurse slaps a confused patient who refuses care
A nurse administers the wrong medication due to misreading the label
A nurse fails to put up side rails, resulting in a patient fall
A nurse physically restrains a competent patient for 2 hours without a provider’s order
A nurse threatens to give an injection if the patient doesn’t take oral medication
Correct Answer : A,D,E
Choice A reason: Slapping a patient constitutes battery, an intentional tort involving deliberate harmful or offensive contact without consent. This violates patient autonomy and ethical standards, causing physical and psychological harm. The intentional nature of the act, targeting a vulnerable confused patient, makes it a clear example of an intentional tort in nursing practice.
Choice B reason: Administering the wrong medication due to misreading a label is negligence, not an intentional tort. Negligence involves unintentional failure to meet care standards, lacking the purposeful intent required for torts like assault or battery. This error results from inattention, not deliberate harm, so it does not qualify as an intentional tort.
Choice C reason: Failing to put up side rails, leading to a patient fall, is negligence, not an intentional tort. This reflects a lapse in the standard of care, not a deliberate act to cause harm. Negligence lacks the intentionality required for torts like false imprisonment, making this choice incorrect for the question.
Choice D reason: Physically restraining a competent patient without a provider’s order is false imprisonment, an intentional tort. This deliberate act restricts patient autonomy without medical or legal justification, violating their rights. The intentional restriction of movement, especially in a competent individual, makes this a clear example of an intentional tort.
Choice E reason: Threatening to give an injection to coerce medication compliance constitutes assault, an intentional tort. The deliberate verbal threat creates fear of imminent harm, violating patient autonomy. This intentional act, aimed at manipulating the patient’s behavior, qualifies as an intentional tort in nursing practice.
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Related Questions
Correct Answer is D
Explanation
Choice A reason: The irresistible impulse test focuses on a defendant’s inability to control their actions due to mental illness, even if they understand the act’s wrongfulness. The scenario emphasizes the patient’s lack of understanding of wrongfulness, not impulse control, making this choice incorrect for the legal standard described.
Choice B reason: The substantial capacity test, part of the Model Penal Code, assesses whether a defendant lacks the capacity to appreciate the criminality of their conduct or conform to the law. The scenario specifically highlights not understanding wrongfulness, aligning more directly with M’Naghten, making this less precise.
Choice C reason: The Durham Rule states that a defendant is not criminally responsible if their act was a product of mental disease. It is broader and less specific than M’Naghten, which focuses on understanding wrongfulness, making it less applicable to the scenario described.
Choice D reason: The M’Naghten Rule holds that a defendant is not guilty by reason of insanity if, due to mental illness, they did not understand the nature or wrongfulness of their actions. This directly matches the scenario’s emphasis on the patient’s inability to understand wrongfulness, making it the correct choice.
Correct Answer is A
Explanation
Choice A reason: Reflecting the patient’s guilt and inviting further discussion is therapeutic, as it validates emotions and encourages exploration of feelings. This engages the patient’s emotional processing, fostering coping and reducing self-blame through empathetic communication, making this the correct choice.
Choice B reason: Telling the patient not to blame themselves dismisses their feelings, potentially inhibiting emotional expression. This nontherapeutic response fails to explore the patient’s guilt, which could stem from perceived control over their condition, making this choice incorrect.
Choice C reason: Advising to focus on the future minimizes the patient’s current emotional distress, a nontherapeutic approach. It overlooks the need to process guilt, which can affect diabetes management adherence, making this response less effective than exploring feelings.
Choice D reason: Downplaying diabetes as “not a big deal” invalidates the patient’s emotional experience, a nontherapeutic response. It fails to address guilt, which could impact psychological adjustment to the diagnosis, making this choice incorrect for therapeutic communication.
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