AIIMS Delhi NO - 2018
Forensic Nursing & Indian laws
Medium

A client is being transferred from one ward to another. During transportation, the client accidentally falls down on the floor, and multiple fractures are noted. Due to this incident, the nurse is liable for?

Appeared in: AIIMS Delhi NO - 2018

Explanation

  • Negligence is an unintentional tort defined as the failure to act as a reasonably prudent nurse would in a similar situation, resulting in harm to a patient.
  • In this case, the nurse had a duty to ensure the client's safety during the transfer from one ward to another.
  • The client's fall and resulting fractures represent a breach of that duty and the subsequent harm.
  • The scenario fulfills the four essential elements of negligence: a duty of care was owed, the duty was breached, the breach directly caused an injury, and damages (the fractures) occurred.

Why Other Options Were Wrong

  • Option B: Battery is an intentional tort involving harmful or offensive physical contact without consent. The fall was described as accidental, not an intentional act of touching by the nurse.
  • Option C: Assault is an intentional tort that involves creating a fear of imminent harmful contact. It is a threat, and no physical contact is necessary. The scenario describes an actual physical event (a fall), not a threat.
  • Option D: Slander is a quasi-intentional tort involving defamation of character through spoken false statements. This case involves a physical injury resulting from an accident, not damage to the client's reputation through false words.

Related Visual

Visual explanation — Related Visual
Clinical Relevance
  • Nursing practice connection: Use the key finding related to Legal Liability in Nursing Practice to guide bedside assessment, documentation, and the next nursing action.
  • Patient transfers are a high-risk activity for falls. Nurses must always perform a thorough fall-risk assessment before moving any patient, especially those who are weak, sedated, or have mobility issues.
  • Proper use of transfer equipment (e.g., gait belts, slide boards, mechanical lifts) and ensuring adequate staffing for the transfer are critical nursing interventions to prevent falls and subsequent liability.
  • What if the nurse had documented the client's high fall risk and requested a second staff member for assistance, but help was unavailable, and the fall occurred? In this situation, liability might be shared with the institution for failure to provide a safe staffing environment.
How to Approach the Question
  • First, identify the core event in the question: a patient was harmed (fractures) due to an accident (a fall) that occurred during nursing care (a transfer).
  • Analyze the nature of the nurse's action or inaction. The fall was 'accidental,' which points away from intentional harm.
  • Review the options, which are all legal terms (torts).
  • Eliminate the intentional torts. 'Battery' (intentional touching) and 'Assault' (intentional threat) do not fit an accidental event.
  • Eliminate the quasi-intentional tort. 'Slander' is about spoken defamation and is unrelated to a physical fall.
  • Conclude that 'Negligence,' the term for unintentional harm caused by a failure to provide standard care, is the most fitting answer for this scenario.
Concept Tested & Keywords
  • Concept Tested: Legal Liability in Nursing Practice
  • Stem keywords: client transferred, accidentally falls, multiple fractures, nurse liable
  • Lead-in keywords: liable for
  • Clinical cues: The care setting changes urgency, monitoring level, and the expected nursing action.

Question ID

QZFyQb2k3sLfeM8vrsTDmZ

Reference Book

E6 Nursing Fundamentals Potter Perry 12e Part 2 p. 101-103

E6 Nursing_Management_and_leadership_Johny_Kutty_JosephCbs_Publishers (pp 16-364 of 374) p. 334-336

E6 Principles and Practice of NURSING Management Leadership for BSc NursingJogindra Vati — Subpart C (pp 679-1002 of 1017) p. 289-291

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