Types of lawsuit in Psychiatric Nursing

• specialized form of negligence which is only applicable to professionals
• the failure of a professional to perform or to refrain from performing in a manner in which a reputable member within the profession would be expected to do so

fails to exercise standard of care that reasonable person would do in similar situation

to reveal things about patient (even if pt has been hospitalized)

• saying malicious and false things
• oral: slander
• writing: libel

• ex. writing comments in pts chart that are "judgmental"
• hence, need to SOPA notes objectively and backup all statement

searching pt without probable cause

• ex. many psychiatric facilities routinely conduct body search, but need to have MD order & written rational to demonstrate why body search must be done
• Hence, many facilities must now reexamine policies regarding this procedure

fear of being touched without concent

unconsented touching of another person

• false imprisonment
• confining pt against their will

• provides protection from conduct deemed injuries to public welfare
• includes imprisonment, parole condition, loss of privileges, fine 

ex. theft by a hospital employee of supplies or drugs

a violation of a civil law in which an individual has been wrong

• ex. unintentional tort- are malpractice and negligence actions
• intentional tort- touching of another person without consent

protects the private and property rights of individual and business

a law that has been enacted by legislative body, such as a county or city council, state legislature, or U.S congress

ex. the nursing practice act

law that is derived from decisions made in previous cases

ex. how different states deal with a nurse's refusal to provide care for a specific client

• pt. right to access his/her medical records, to have corrections made them, and to decide who he/she wants to share information with
• Medical information: considered protected health information (PHI)

• Professional right to refuse to give out pt information
• ex. refusing to give any information to caller, citing rules of confidentiality
• exception: duty to warn. pt confides intention to harm another person  or has potential to
• its your duty to report this to psychiatrist or to other team members- failure to do so could cause danger to others
• duty to protect: therapist may need to warn individuals who is at risk, notify police or whatever reasonable to protect victim form harm (ex. initiate voluntary or involuntary commitment )