NUR210 V.Smith Discussion 2 PDF

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Discussion board post on online assignment for NUR 210....

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Differentiate the 3 general sources of law and explain how they apply to nursing. Tort can be malpractice or negligence (an unintentional tort) in the form of damages. The damages incurred can be remedied (Finkelman, 2016, p.185). “An award, typically of money, to be paid to a person as compensation for loss or injury. Damages are classified as compensatory (or actual) damages and punitive damages” (Lumen Learning). In nursing tort is most often displayed as a negligence, an unintentional tort (Finkelman, 2016, p.185). An example of a tort situation would be the nurse not reporting a patient fall to the overseeing physician. Not reporting the fall to the physician could result in further physical harm or death. False imprisonment as defined by Finkelman (2016) is “Confinement of a person against his or her will” (p.184). This can happen in the health care setting in relation to nursing if a nurse should threaten physical or psychological harm to a patient to convince them not to leave the facility. For example, the patient might want to leave, but the nurse explains to the patient you will die if you leave the hospital A simple alternative for the nurse is to inform the patient it is against medical advice to leave the facility, but the patient always has the right to leave at any time. Good Samaritan laws protect a health care professional from being prosecuted against for preforming emergency care to individuals not seeking treatment in a healthcare facility (Finkelman, 2016, p.184). The Pennsylvania Good Samaritan Acts (2016) give healthcare individuals the right to make a “in good faith” decision about an emergent situation. "In good faith" shall include, but is not limited to, a reasonable opinion that the immediacy of the situation is such that the rendering of care should not be postponed until the patient is hospitalized” (The Good Samaritan Acts, 2016). Nurses not only use their medical training in the healthcare setting, but can help individuals in the United States if they see that individual is in need of emergency

care. Examples of emergency care include CPR, AED, naloxone, or “in good faith” situations (The Good Samaritan Acts, 2016).

Finkelman, A. W., & Kenner, C. (2016). Professional nursing concepts: Competencies for quality leadership (3rd ed.). Burlington, MA: Jones & Bartlett Learning. Lumen Learning – Tort Law, Liability, and Damages. (n.d.). Retrieved from https://courses.lumenlearning.com/wmopen-introbusiness/chapter/tort-law-liability-anddamages/ The Good Samaritan and Related Acts 42 PA CSA § 8331-8338 (2016)...