Which of the following intentional tort?

SJH Nursing Officer - 2019

Forensic Nursing & Indian laws

Medium

Appeared in: SJH Nursing Officer - 2019

Explanation

An intentional tort is a deliberate act that violates a person's rights.
Divulging private patient information to the media is a willful act that breaches the patient's right to privacy and confidentiality.
This act is known as 'Invasion of Privacy,' which is classified as a quasi-intentional tort, often grouped with intentional torts because the action is deliberate, even if the intent was not to cause harm.
The key element is the willful, non-accidental nature of the act.

Option A: Miscounting gauze pads is an act of negligence, which is an unintentional tort. It represents a failure to meet the standard of care, not a deliberate act to harm.
Option C: Causing a burn with a warm soak is an example of negligence, an unintentional tort. The harm was accidental and resulted from a breach of duty to provide safe care.
Option D: Failing to monitor blood pressure after giving an anti-hypertensive is professional negligence, also known as malpractice. Malpractice is a type of unintentional tort.

Clinical Relevance

Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Distinction between intentional and unintentional torts in nursing practice as background academic context rather than a clinical decision trigger.
Understanding the difference between intentional and unintentional torts is critical for nurses to protect patient rights and avoid legal liability.
Nurses have a legal and ethical duty to maintain patient confidentiality. Breaching this duty, as in an intentional tort, can lead to lawsuits, disciplinary action by the board of nursing, and loss of license.
What if? - What if the nurse discussed the patient's case with another nurse in the elevator with visitors present? This would still be an invasion of privacy and a breach of confidentiality (a quasi-intentional tort) because the information was shared in a non-secure, public setting where it could be overheard by unauthorized individuals.

How to Approach the Question

First, identify the key concept in the question stem, which is 'intentional tort'.
Define 'intentional tort' in your mind: a deliberate, willful act that violates another's rights. The key word is 'intentional' or 'deliberate'.
Analyze each option to determine if the action described is deliberate or accidental.
Option A (miscounting), C (accidental burn), and D (failure to monitor) all describe errors, omissions, or accidents. These are unintentional.
Option B (divulging information) describes a deliberate choice to share information. This matches the definition of an intentional/quasi-intentional tort.
Select the option that describes a willful act, not a mistake or failure in the standard of care.

Concept Tested & Keywords

Concept Tested: Distinction between intentional and unintentional torts in nursing practice.
Stem keywords: intentional tort, nurse
Lead-in keywords: Which of the following

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