Délits I

Nursing torts fall into three categories: intentional torts, which are deliberate acts causing harm such as battery or assault; quasi-intentional torts, which are unintentional actions resulting in damage like invasion of privacy; and unintentional torts, including negligence and malpractice where a nurse fails to meet the standard of care expected of a reasonable nurse.

Battery occurs when a nurse performs a procedure without patient consent, such as administering medication a patient has refused. Assault involves threatening behavior that causes a patient to fear immediate harm, such as threatening to give an injection despite refusal or aggressively waving medical instruments. Both are intentional torts that expose nurses to civil liability.

False imprisonment occurs when a nurse restrains a patient's freedom of movement without legal justification. Examples include using restraints without valid clinical reasons or maintaining restraints beyond the necessary time. This intentional tort can result in civil lawsuits for damages and disciplinary action against the nurse.

Invasion of privacy involves sharing confidential patient information without consent or clinical need, such as discussing a patient's medical condition with unauthorized persons. This quasi-intentional tort breaches patient privacy and confidentiality, potentially resulting in civil liability and disciplinary consequences for the nurse involved.

Negligence and malpractice are unintentional torts occurring when a nurse fails to meet the expected standard of care. Negligence includes failing to monitor vital signs, while malpractice involves administering wrong medications or dosages. Both result from lack of attention or failure to adhere to professional standards, making them the most common torts in healthcare.

A nurse found liable for a tort may face financial penalties through civil lawsuits and disciplinary actions. The severity depends on the tort type and harm caused. Understanding accountability and responsibility helps nurses mitigate legal risks and maintain professional standing while providing safe, ethical patient care.

Nurses can reduce tort risk by obtaining informed consent before procedures, maintaining strict patient privacy, adhering to professional standards and protocols, and following best practices in patient care. Exercising diligence and respecting patient rights are essential preventive measures that significantly decrease legal repercussions and improve care quality.