A nurse who conducts an illegal abortion has committed:

GMCH - 2016

Forensic Nursing & Indian laws

Medium

Appeared in: GMCH - 2016

Explanation

An act of commission is a positive action that is wrongful, unlawful, or performed improperly.
Performing an illegal abortion is a deliberate, affirmative action that is prohibited by law.
This act is not a failure to do something (omission) or an accident (unintentional tort), but a willful wrongful act.
Therefore, it squarely fits the definition of an act of commission.

Option A: An act of omission is the failure to perform a legally required duty. The scenario describes an action being taken, not a failure to act.
Option B: While the nurse may or may not be competent, the core issue is the illegality of the act itself, not the skill with which it was performed. The action is wrong regardless of competence.
Option C: An unintentional tort, such as negligence, involves causing harm without intent. An illegal abortion is a deliberate and intentional act.

Clinical Relevance

Nursing practice connection: Knowing Legal and ethical principles in nursing practice helps nurses interpret findings accurately and avoid errors in routine assessment, medication administration, and patient teaching.
Understanding the difference between acts of commission and omission is fundamental to safe and legal nursing practice. It helps nurses recognize their responsibilities and the legal consequences of their actions and inactions.
In the Indian context, performing an illegal abortion is a criminal offense under the Indian Penal Code (IPC) and the Medical Termination of Pregnancy (MTP) Act, 1971. Nurses must be aware of these laws to protect their patients and their own legal standing.
What if? - If the nurse refused to participate in a legally sanctioned abortion due to personal beliefs but failed to arrange for another qualified provider, leading to a delay that harmed the patient, the situation could shift towards an act of omission or professional negligence.

How to Approach the Question

First, identify the core action described in the question stem: a nurse is actively 'conducting' an 'illegal' procedure.
Analyze the keywords. 'Conducts' implies an action is being taken, not omitted. 'Illegal' implies the action is wrongful and prohibited.
Evaluate each option against this analysis.
Option A (Omission): This means 'not acting'. The nurse is acting, so this is incorrect.
Option B (Incompetence): This is about skill level, not the legality of the act itself. The act is illegal whether done skillfully or not. This is not the primary offense.
Option C (Unintentional Tort): This means accidental harm. The act is deliberate, not accidental. This is incorrect.

Concept Tested & Keywords

QvtQ0vp1H9Uy_jHjU-jcQB

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

E6 Textbook of Nursing Management and Leadership I. Clemen — Subpart C (pp 655-967 of 982) p. 274-276