Question

The charge nurse witnesses the nursing assistant being abusive to a client in the nursing home facility. The nursing assistant can be charged with which of the following? A. Negligence B. Tort C. Assault D. Malpractice

Short answer

Answer: Assault

Step-by-step solution

Understand the options

For this exercise, the first step is to understand the meaning of each term provided as an option, as well as their relevance to the situation described. A. Negligence: Failure to take proper care or action in doing something, resulting in harm or damage to others. This could apply to situations where a caregiver fails to provide appropriate care, but it does not specifically address abusive behavior. B. Tort: A wrongful act, other than a breach of contract, that results in harm to another person and may lead to civil legal liability. Tort can be a broader term that includes different types of wrongful conduct, such as negligence, assault, and others. C. Assault: The intentional act of causing a person to fear that they will be physically harmed. In this context, assault occurs when a caregiver threatens or acts abusively towards a client, causing the client to fear physical harm. D. Malpractice: The failure of a professional to act according to the acceptable standards of practice in their profession, leading to harm to a patient or client. Malpractice applies more specifically to licensed professionals, such as doctors or nurses, and generally relates to errors or negligence in performing professional duties.

Identify the correct term

Based on the definitions and context provided, the student should now identify the correct term for the situation described in the exercise. In this case, the nursing assistant is being abusive to a client, causing fear and potential harm. Out of the provided options, the term that best describes this situation is C. Assault. The behavior involves an intentional act that causes the client to fear physical harm, making it an instance of assault rather than negligence, a broader tort, or malpractice. So the correct answer is: C. Assault

Key concepts

Nursing Ethics

Understanding nursing ethics is fundamental for anyone preparing for the NCLEX-RN Exam. It involves the application of moral principles and professional standards to the practice of nursing. At its core, nursing ethics is centered around the commitment to promote health, prevent illness, restore health, and alleviate suffering, all while respecting the dignity of every individual.
Nurses must routinely make ethical decisions, often in high-pressure environments. This involves identifying ethical dilemmas, considering the rights and well-being of patients, and acting in accordance with ethical guidelines. A crucial aspect of this is respecting patient autonomy, meaning that patients have the right to make their own healthcare decisions, and nurses must honor these decisions as long as they do not harm others or themselves.
Ethical principles in nursing include:

• **Autonomy:** Respect for the patient's right to self-determination.
• **Beneficence:** The duty to promote good and act in the best interest of the patient.
• **Non-maleficence:** The obligation to not inflict harm intentionally.
• **Justice:** Fair distribution of resources and respect for all.

By adhering to these principles, nurses help ensure that their actions are ethical and fair, even in complex and challenging situations.

Legal Responsibilities in Nursing

Legal responsibilities in nursing form a backbone for safe and effective patient care. These responsibilities are designed to protect patients, healthcare professionals, and healthcare facilities by ensuring that the practice of nursing adheres to established laws and regulations. Understanding these legal facets is crucial for nurses to avoid potential legal pitfalls and navigate their professional duties safely.
Some fundamental legal concepts in nursing include:

• **Confidentiality:** Maintaining the privacy of patient information is not only an ethical responsibility but also a legal requirement under regulations like HIPAA.
• **Informed Consent:** Patients must be adequately informed about procedures and risks before consenting, ensuring their autonomy and respect for their decision-making rights.
• **Documentation:** Accurate and thorough documentation of patient care is crucial. It serves as a legal record and protects both the patient and the nurse in case of disputes.
• **Professional Negligence:** This arises when care provided does not meet the established standards, leading to harm. It is important for nurses to stay informed of current standards and apply them in their practice.

By understanding and properly implementing these legal responsibilities, nurses can provide care that is both legally sound and centered around the needs of their patients.

Patient Safety

Patient safety is a pivotal concern within the healthcare environment and forms a major aspect of nursing practice, especially as part of the NCLEX-RN preparation. Nurses play a significant role in promoting a safe environment for patients, which involves anticipating risks and implementing preventive measures proactively.
Patient safety measures:

• **Identification of Patient Needs:** Nurses must assess and monitor patient conditions continually to identify and address safety issues promptly.
• **Error Prevention:** Establishing systems to avoid errors such as medication errors, surgical mistakes, or diagnostic inaccuracies by following standardized protocols.
• **Fall Prevention:** Implementing fall risk assessments and interventions for patients who are at risk of falling. This can involve the use of bed alarms, ensuring adequate lighting, and providing mobility aids.
• **Infection Control:** Following proper hand hygiene and sterilization procedures to reduce the risk of infections.

By adhering to safety protocols and maintaining vigilance, nurses can create an environment where the risk of harm to patients is minimized, ensuring their care is both effective and secure.