C) It is considered an … A tort is a private breach of someone else’s civil rights, and in the legal world a tort is what occurs when someone’s negligence directly causes damage to a person and/or their property. Witnesses to a signature do not need to read the will. A nurse witnesses a traffic accident and dresses the open wounds sustained by a child. The DNR status is part of the change-of-shift report. Examples Of Tort 956 Words | 4 Pages. A nurse fails to administer a medication that prevents seizures, and the client has a seizure. Likewise, hosts can be held to a higher standard for serving alcohol, a known risk, and manufacturers can be subject to higher standards under products liability law. There are two types of tort, intentional tort and Unintentional tort. Compensation in such cases can vary widely, depending on the nature of the damage. The main difference between an intentional tort and an unintentional tort is the person’s state of mind. Wikibuy Review: A Free Tool That Saves You Time and Money, 15 Creative Ways to Save Money That Actually Work. Which response, if given by the nurse, would demonstrate application of legal safeguard in her practice? If the injury or damage was unintentional, then the wrong is called an unintentional tort. Unintentional, quasi-intentional and intentional. The faculty asks a nursing student to provide an example of an unintentional tort. The most common kind of unintentional tort is negligence. Select all that apply. The party who sues can receive a monetary reward for damages that occurred to the person who brought the civil lawsuit onto the wrong doer. Tort law is used for a party who is injured to bring a civil lawsuit against the defendant or wrong doer. The types of torts? Name a tort which is an omission and provide an example. The Occupational Safety and Health Act of 1970. For example, if someone leaves a banana peel on the sidewalk and a Negligence of this nature is the most common example of an unintentional tort, and can become the basis of a court case to claim compensation. Which circumstances, identified by the staff, would indicate to the educator that the teaching was effective? The first is that there was a duty of care in the situation; the respondent was obliged to exercise some caution on behalf of the plaintiff, such as not hitting baseballs in the direction of the plaintiff’s house. Negligence -conduct falls below standard of care i.e. Unintentional tort is negligence or malpractice. For You For Only $13.90/page! Each example is an accident, but as you can see, the accident could have been avoided in the accused exercised the proper level of duty of care. Your lawsuit is based upon negligence, which makes it an unintentional tort. The type of unintentional tort described in the case. Which of the following statements is true regarding the Good Samaritan law? It’s unintended. With the client's permission, the nurse explained the client's diagnosis to the client's spouse. An injury caused without intent because one does not abide by the legally required standard of care. Which example, if provided by the student, would indicate the student has a clear understanding of torts? Who should the nurse have obtain consent for the procedure. When discussing the nurse's action, the charge nurse appropriately identifies which wrongdoing the nurse has violated? Negligence is conduct that falls below a reasonable standard of care for the safety of those around you. Scope of liability is divided into two parts; foreseeability, which excludes liability for harms that were sufficiently unforeseeable at the time of the tortious act that were not among the risks that made the defendant negligent; and superseding cause, which is an intervening act that relieves the defendant of liability. A nurse is overheard in the hospital cafeteria making false comments about a client. A client being discharged from the hospital asks the nurse, "When I go visit my family out of state, should I take my living will with me, or do I need a new one for that state?" The most common kind of unintentional tort is negligence. Name a tort which is an act and provide an example. Which of the following guidelines is true regarding a nurse's role is witnessing a testator's signature? Someone is negligent if they unintentionally cause injury to someone in a situation where a … In fact, whet… The nurse is in violation of the Nurse Practice Act. Damage to property or a personal injury caused by another person is a civil wrong called a tort. There are a number of types of tort, broadly categorized as either intentional or unintentional. In this case, unintended injury or damage is caused to the victim resulting from what could have been prevented if it were a ‘reasonable’ person. What specific elements must be established to prove that malpractice or negligence has occurred in this client? A popular example on unintentional tort is negligence. Intentional tort is an act of civil wrong as a results from a person committing an offence which results in causing physical injury or harm to the victim. Intentional torts include defamation, false imprisonment, infliction of emotional distress, assault and battery and trespass, conversion and fraud. One of the main elements of intentional torts is the intent of the wrongdoer. Negligence is one of the most common causes of torts, but there are distinct differences between unintentional and intentionaltorts. Some situations involve an increased duty of care. Often they are the unintentional results of motor vehicle accidents, falls, mishandling of sharp objects, or sports-related injury. In a malpractice suit, for example, a doctor might have to pay for damages and could be suspended from practice by a professional organization. After proving duty of care, the plaintiff must be able to show that the respondent failed to act as a reasonable person did in the same situation. What is the most appropriate response made by the nurs, "Take it with you. A doctor who doesn’t order a common test, for example, might be violating common practice standards and thus could be held liable for an unintentional tort under this standard. Two types of torts are intentional torts and negligence. The nurse is guilty of: The health care provider prescribes cold therapy every 4 hours for a client after foot surgery. Mary has a liberal arts degree from Goddard College and What type of law is the nurse in violation of? 52.While walking through a park, the nurse encounters a child with a swollen and reddened arm that hurts to move due to being struck with a baseball bat. The defendant. For example, a car accident where one driver hurts another driver because he or she was not paying attention might be a tort.If a person is hurt by someone else, he or she can sue in court. Professionals like doctors, lawyers, and accountants are required to exercise more caution than the average person because of their qualifications; they typically command a higher degree of trust from clients. Because their careless actions resulted in injuring someone 4 hours for a party who is to... Of informed consent prior to a signature do not maintain their properties as they should of law used. 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