In the absence of nurse from floor, patient falls from bed. This type of injury belongs to:

AIIMS Delhi NO- 2019

Forensic Nursing & Indian laws

Medium

Appeared in: AIIMS Delhi NO- 2019

Explanation

Negligence is an unintentional tort defined as the failure to provide the level of care that a reasonably prudent person would have under similar circumstances.
In this case, the nurse's absence from the floor without ensuring patient safety measures is a breach of the duty of care.
This breach directly led to the patient's fall and subsequent injury, fulfilling the four elements of negligence: duty, breach, causation, and harm.
Examples of negligence include medication errors, patient falls, and failure to monitor a patient's condition.

Option A: Battery is an intentional tort that involves harmful or offensive touching without consent. The nurse's action was an omission (failure to supervise), not a deliberate act of causing physical harm.
Option C: While negligence is a type of tort, 'Negligence' is the more specific and precise legal term for this scenario. In multiple-choice questions, the most specific correct answer is preferred over a general category.
Option D: This option is incorrect because the situation described is a classic example of a legal concept in healthcare, specifically negligence.

Clinical Relevance

Nursing practice connection: Use the key finding related to Legal and Ethical Aspects in Nursing: Torts to guide bedside assessment, documentation, and the next nursing action.
Nurses have a legal and ethical duty to ensure patient safety, which includes implementing and following fall prevention protocols.
Failure to adhere to the standard of care can lead to patient harm, malpractice lawsuits, and disciplinary action against the nurse's license by the nursing council.
Thorough and accurate documentation of all patient care, including safety measures implemented, is a critical defense against allegations of negligence.

How to Approach the Question

First, analyze the scenario: A patient is harmed (falls) due to a nurse's omission (absence without ensuring safety).
Next, define the legal terms in the options. Battery is intentional harmful contact. Negligence is unintentional harm from a failure in duty. A tort is a broad category of civil wrongs.
Evaluate the nurse's action. Was it an intentional act to harm, or a failure to act reasonably? The absence is a failure to act, not an intentional push, so it cannot be battery.
Compare 'Negligence' and 'Tort'. Negligence is a specific type of tort. Since the scenario perfectly matches the definition of negligence, it is the most accurate and best answer.
Therefore, select the most specific and fitting legal term for the situation described.

Concept Tested & Keywords

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