Question

The nurse witnesses the nursing assistant hitting the client in the Iong-term care facility. The nursing assistant can be charged with: A. Negligence B. Tort C. Assault D. Malpractice

Short answer

Answer: Assault

Step-by-step solution

Understand the definitions of the given terms

A. Negligence - A failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, which leads to harm or injury. B. Tort - A civil wrong that causes harm or injury to another person, and for which the victim can claim compensation in a lawsuit. C. Assault - A threat or act of physical violence against another person, causing the victim to fear immediate bodily harm. D. Malpractice - A type of negligence involving professional misconduct by a professional (e.g. a nurse, doctor, lawyer), typically resulting in harm or injury to the client or patient.

Match the definitions with the scenario

In the given scenario, the nursing assistant hit the client in the long-term care facility. This action is an act of physical violence against the client, which would cause the client to fear immediate bodily harm.

Identify the correct term for the scenario

Based on the definitions of the given terms and the scenario, the most appropriate term to charge the nursing assistant with is: C. Assault - as the situation involves an act of physical violence against another person, causing the victim to fear immediate bodily harm.

Key concepts

Nursing Ethics

Nursing ethics is a branch of applied ethics that concerns itself with activities in the field of nursing. Nursing ethics includes values such as autonomy, beneficence, nonmaleficence, and justice.

In the given exercise, the incident where a nursing assistant hits a client breaches several ethical principles. Primarily, it goes against the principle of nonmaleficence, which is the obligation to not inflict harm intentionally. It also undermines the patient's autonomy and dignity, demonstrating a lack of respect for the individual's rights and well-being.

Autonomy and Respect for Persons

Nurses are ethically obligated to respect the autonomy of patients, which means acknowledging their right to make decisions concerning their own health and personal lives. The act of violence in the scenario strips away the client's agency and dignity.

Beneficence and Nonmaleficence

Beneficence involves the acts of kindness and charity that go beyond the basics of duty; it implies that the nurse should act in the best interest of the patient. Conversely, nonmaleficence requires that a nurse abstains from causing harm to the patient. The scenario clearly violates the principle of nonmaleficence.

For nursing students and professionals alike, a deep understanding of these ethical principles is crucial for ensuring that patient care is both compassionate and respectful.

Patient Care Standards

Patient care standards are the guidelines that ensure patients receive high-quality care that is appropriate to their clinical needs and in a safe environment. They are often embedded in nursing practice acts and health care regulations that govern the practices of healthcare professionals.

Standards of care demand that nurses perform their duties in a manner that is consistent with the skills, knowledge, and abilities of a reasonable nurse under similar circumstances. The treatment described in the exercise where a client was hit violates patient care standards as it compromises patient safety and well-being.

Establishment of Trust

A foundational aspect of patient care standards is the establishment of trust between healthcare providers and patients. It's this trust that enables patients to feel safe and secure in the knowledge that they are being cared for by competent professionals who act in their best interests.

Quality of Care and Accountability

Equally important are the notions of quality of care and accountability. These concepts dictate that not only should care be effective, evidence-based, and free from harm, but also that healthcare professionals are accountable for their actions. The assault in the scenario represents a clear dereliction of this responsibility and a severe breach of patient care standards.

Legal Issues in Nursing

The legal aspect of nursing encompasses the various laws and regulations that apply to the practice of nursing. It is vital for nurses to understand these legal issues as they have direct implications on their professional practice and can affect both their licensure and the well-being of their patients.

In the context of the exercise, the act of hitting a client constitutes assault and is a serious legal issue. Legal consequences for such actions can include both civil and criminal penalties for the perpetrator.

Criminal and Civil Law

Nurses must be aware that both criminal and civil laws apply to their profession. While criminal law deals with acts that are offenses against the state or society, civil law typically concerns private disputes between individuals or organizations. The incident in the scenario could lead to criminal charges against the assistant, and possibly civil claims for damages suffered by the client.

Professional Licensure

Beyond immediate legal action, such conduct can also impact professional licensure. State boards of nursing have the authority to take disciplinary action against nurses who violate legal guidelines, which can include revocation or suspension of the nursing license. Understanding legal ramifications helps in reinforcing ethical behavior and adherence to patient care standards among nursing professionals.