Types of lawsuit in Psychiatric Nursing

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dxc358
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303145
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Types of lawsuit in Psychiatric Nursing
Updated:
2015-05-26 19:24:44
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lawsuits
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types of lawsuits in Psychiatric Nursing
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  1. malpractice
    • 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
  2. Negligence
    fails to exercise standard of care that reasonable person would do in similar situation
  3. breach of confidentiality
    to reveal things about patient (even if pt has been hospitalized)
  4. Defamation of character
    • 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
  5. Invasion of privacy
    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
  6. Assault
    fear of being touched without concent
  7. battery
    unconsented touching of another person
  8. restraints & seclusion
    • false imprisonment
    • confining pt against their will
  9. criminal law
    • 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
  10. tort
    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
  11. civil law
    protects the private and property rights of individual and business
  12. statutory law
    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
  13. common law
    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
  14. Hippa
    • 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)
  15. Doctrine of privileged communication
    • 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 )

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