Patient fall due to improper application of restraints in the ICU is an act of

NHM UP Staff Nurse-2021 Shift-1st

Fundamental of Nursing

Medium

Appeared in: NHM UP Staff Nurse-2021 Shift-1st

Explanation

Negligence is an unintentional tort defined as conduct that falls below the generally accepted standard of care of a reasonably prudent person, resulting in harm.
The scenario meets the four essential criteria for negligence: Duty (the nurse's obligation to provide safe care), Breach (improperly applying restraints), Causation (the breach directly led to the fall), and Harm (the injury from the fall).
The key distinction is the unintentional nature of the harm. The fall was not a deliberate act but a consequence of failing to meet the professional standard of care for using restraints.

Option A: Assault is an intentional tort that involves a threat causing fear of imminent harm. The patient's fall was an unintentional result of a procedural error, not a deliberate threat.
Option B: Battery is an intentional tort involving non-consensual physical contact. While applying restraints without consent is battery, the injury here resulted from the improper technique of an ordered procedure, making it an act of negligence.
Option D: Fraud is an intentional act of deception for personal gain or to cause loss to another. This concept is unrelated to a patient injury resulting from a care-related error.

Clinical Relevance

Nursing practice connection: Prioritize focused assessment, early escalation, and real-time monitoring when managing Legal and Ethical Principles in Nursing Practice in acute care settings.
Understanding the distinction between negligence and intentional torts (assault, battery) is crucial for nurses to mitigate legal risks and uphold patient safety standards.
Meticulous documentation is a nurse's best defense against allegations of negligence. This includes recording assessments, interventions (including alternatives to restraints), patient responses, and communication with the healthcare team.
What if? If the nurse had intentionally applied the restraints too tightly to cause pain as a form of punishment, the act would escalate from negligence to battery and potentially patient abuse, carrying more severe legal and professional consequences.

How to Approach the Question

First, identify the core action and its outcome: an improper action (applying restraints incorrectly) led to an unintended negative outcome (a patient fall).
Analyze the keyword 'improper'. This points towards a failure in performance or a deviation from the standard of care, rather than a deliberate intent to cause harm.
Evaluate the options based on the legal concept of 'intent'.
Assault and Battery are classified as 'intentional torts'. Does the scenario describe an intent to threaten or harm? No.
Negligence is an 'unintentional tort'. Does the scenario describe harm caused by a failure to provide proper care? Yes.
Fraud involves deception for gain. Is that element present? No. Therefore, negligence is the most fitting legal term.

Concept Tested & Keywords

Concept Tested: Legal and Ethical Principles in Nursing Practice
Stem keywords: patient fall, improper application, restraints, ICU
Lead-in keywords: act of
Clinical cues: Setting: ICU - indicates a high-acuity patient requiring close monitoring.
Clinical cues: Action: Improper application of restraints - highlights a procedural failure and breach of standard care.

QUf3jJbUg-UE9KsensHKCz

E6 Nursing_Management_and_leadership_Johny_Kutty_JosephCbs_Publishers (pp 16-364 of 374) p. 333-335

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