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Differences between criminal and civil
Importance of malpractice in nursing
Differences between criminal and civil
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To make sure that crimes for either federal or states will be punishable, the government created laws for it which is known as the Criminal law ("The Basics Of Criminal Law | Attorneys.Com"). To understand how criminal law works it is best to learn more about crime and it's components. There are two types of crimes it can either be a felony or misdemeanors. Felony is a serious offense that if proven guilty a punishment of imprisonment may it be a year or more and even a life sentence will be given. While misdemeanors are usually minor offenses and the punishments can be in a form of a fine or imprisonment for less than a year ("The Basics Of Criminal Law | Attorneys.Com"). Criminal laws in the health care are composed of different components. …show more content…
First, is the reckless imprudence which occurs when a health care practitioners purposely committed a very blatant actions that is not part of the standard care plan for the patient. A qualified Health care providers should act and execute his/her skills in the right way once it will not be done correctly then he/she will be guilty of this crime ("Nursing-Related Crimes: Felonies And Misdemeanors | Study.Com"). Additionally, if the health care providers are fully aware or conscious of the major and unjustifiable risks to the patient and yet still ignored and did not do anything about it, it is then classified as simple imprudence ("Nursing-Related Crimes: Felonies And Misdemeanors | Study.Com"). Health care team should be well verse of this criminal acts to better understand their rights and most importantly to protect themselves from the patient and their families that are very keen with the quality of care their significant others is receiving. Health care providers always think of their patient's overall well being, there are some instances that though the intention is good however, the outcome or results have a negative impact to the patient's health and their family. This instances that actually create tensions and conflicts that if it is not address properly and resolved in a timely manner, legal actions will set in ("Nursing-Related Crimes: Felonies And Misdemeanors | …show more content…
Criminal Intent - The day to day activities and responsibility of a health care providers is to deal with his/her patients and to always prioritize life. So, it is advisable that health care providers must be fully aware and must understand this. Criminal intent is normally committed when a criminal act is done purposely and the one who initiated it has the full understanding of it's impact which is unlawful but still proceeds in delivering it (US Legal). Like in any other professions, health care practitioners can be labeled as criminal once only his/her actions can be defined as a crime. There are two elements of an intent, it is the freedom and negligence and these two can result into a crime. However, there are some instances wherein the accused can avoid this by presenting evidences like for insanity, compulsion, or accident. Then the court will actually consider it and will decide that the case is null and voided therefore the criminal will be absolved from his/her crimes (US
Medical malpractice has been a controversial issue in the healthcare setting for centuries. Apparently, there are laws to protect patients’ from medical mistakes and errors that are the result of negligence. After researching various laws and medical liability cases based on allegations of negligence, this paper will discuss and provide details on the medical malpractice case of Dorrence Kenneth versus Charleston Community Memorial Hospital. The case analysis will briefly explain information from the beginning to end, including: laws that were violated, codes in the healthcare industry that were breached by the physician and Charlesto...
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
...is causes injury or not is an example of unsafe practice. This act could also be categorized as careless or repetitive conducts that puts a patient in danger. Drug diversion is a type of drug dealing, nurses have access to many drugs and it is a part of the nurses’ responsibility to ensure those drugs go where they should, precisely document and closely supervised. Criminal conduct can happen in the work place or on personal time. If a nurse is convicted of a crime, such as Driving While Intoxicated, it could affect their ability to practice nursing. It is out of a RNs legal scope of practice to medically diagnose any patient, order a medical treatment or conduct a medical treatment that has not been ordered by a physician. It is the nurse’s duty to their patient’s to exhibit sound clinical judgment, with in their scope of practice to ensure patient safety.
Day by day medical technology is improving, unfortunately so are cases of nursing malpractice. By understanding the laws that governs nursing practice, it will help the nurse protect client’s rights and reduce the risk of nursing liability (Sommer, 2013, p. 23). It’s usually necessary to prove that the nurse was negligent to prove nursing malpractice. The Joint Commission defines negligence as a “failure to use such care as a reasonably prudent and careful person would under similar circumstances” and malpractice as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position. Sommer defines professional negligence as the failure of a person who has a professional training to act in a reasonable and prudent manner (p. 24).
Even though there have been many ex-cons that have left the prison system many times when they are released they are merely better-educated and skilled criminals, it does not matter how much money you have, your race, color, background, religion, sex everyone is affected because we are all a part of this problem. If you vote, if you pay taxes, if you are afraid to walk alone at night, you are already involved. More than half of all US prisoners that are serving time for non-violent offenses, and most nonviolent offenders do in fact learn a lesson while in prison: how to be violent.
A criminal is obviously an individual who commits a crime, but what is crime? A crime is any act or omission of an act in violation of a public law. Though most laws are common throughout America, some laws are also established by local and state governments as well. Criminal laws and penalties vary from state to state. Crimes include both felonies and misdemeanors. Felonies are serious crimes like murder or rape and are punishable by imprisonment for a year or more. The consequence for felonies such as murder and treason can be the death penalty. Misdemeanors are less serious crimes like petty theft or speeding and are punishable by less than a year in prison. Fines are also punishments of both misdemeanors and felonies. The fine’s amount is determined by the seriousness of the case. However, no act is a crime unless it has been stated as such by an American law or statute.
Q.3 Nurses as part of regulated health care practitioners are responsible and accountable to abide by the standards, codes and guidelines of nursing practice (NMBA, 2016). The nurse in the case study has breached the standard 1.4 of the Registered Nurse Standards for Practice. According to standard 1.4, the registered nurse should comply with "legislation, regulation, policies, guidelines and other standards or requirements relevant to the context of practice” when making decisions because this will be the foundation of the nurse in delivering high quality services (NMBA, 2016). The nurse in the scenario did not follow the hospital policy concerning “Between the Flags” or “red zone” and a doctor should be notified of this condition. Furthermore, the nurse failed to effectively respond to a deteriorating patient.
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
Furthermore, nursing action guided by the theory and principles of moral and legal rights complements excellent nursing care. Nurse’s awareness of moral and legal codes helps them control the complicated scenarios encountered and direct the nurses in the best possible action answerable by law (Lachman, 2006). In this essay, the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. The author will discuss and analyze the chosen scenario and critically review the action taken at the expense of the patient and the care workers. In addition, the author will also evaluate the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
I don’t know what people thought of when they saw JH’s family before their involvement with the criminal justice (CJ) system. However, I am sure they did not suspect the horrors that went on behind closed doors. JH, now about fifteen years old, was being sexually abused by his older brother and father. They both even recorded the acts. Eventually law enforcement got involved, police arrested the father and brother, the DA pressed charges, lawyers got involved, the courts sentenced them, they were incarcerated, at some point they’ll most likely have a parole hearing, and eventually might be released from prison. That is what most people think of when they think of criminal justice. Criminal justice is often erroneously limited to a crime, the
Criminology is the study of crime and criminals. In criminology, crime data is gathered in many different ways. All of these ways are part of the National Incident-Based Reporting system, which is a program that collects data on each respond crime incident (CITATION). There are Primary Sources of collecting crime data, and Secondary Sources of collecting crime data. Under the Primary Sources of collecting crime data are the National Crime Victimization Survey, Self Report Surveys, and the Uniform Crime Reports. These reporting surveys and official records gather information for Criminologists about all types of crimes. Some examples of these are homicide, rape, aggravated assault, robbery, arson, burglary, and larceny. Criminologists use these also to measure the nature and extent of the crime, along with behavior and personalities of the offenders. Secondary Sources of collecting crime data are Experimental Research, Observational and Interview Research, Data Mining, Crime Mapping, Meta-Analysis and Systematic Review, and Cohort Research. These gathering techniques gather informatio...
However, we are looking at a case study where patients safety has been compromised, professionalism has been voided, lack of communication, nurses aren’t liable for their work, the duty of care has been breached and lot more issues can be discovered. Which will be incorporated in this paper. Looking at the patient Christopher Hammett
The nurse’s role in healthcare continues to expand throughout the years. For example, with the new Healthcare Reform Act taking affect, the roles of the health care nurse expand even more, increasing the demands placed on them for the care and treatment of every patient. This has also led to an expansion of legal liability for malpractice. The nurse upholds a close and professional relationship with the patient and has the best advantage of impacting the patient. The nurse holds the utmost responsibility in continuing to be well informed about malpractice, as well as how to avoid a malpractice case or negligence by presenting outstanding patient care in addition to malpractice insurance to protect yourself from an undesirable outcome.
In most cases, they settle with a plea bargain negotiated with the prosecutor- the individual charged with carrying out the legal prosecution-rather than going to trial. In the case that they go to trial, defendants are guaranteed a trial by jury, but can request just the judge alone which is considered a bench trial. There are 2 outcomes, guilty or not guilty. If the defendant obtains an acquittal-a verdict of not guilty-they are released and the charges are dropped. If the defendant is considered
Legal crimes are an act that violates the law in itself but is considered legal given the situation. For example; killing someone in self defense violates the law, however; murder in itself is a crime, but protecting one's life if threatening by bodily harm or injury is legal. Therefore, killing in self defense is a legal crime. Legal crimes are acts that are not harmful to another person, however; these acts are defined as crimes by society because of the influence these crimes have on those who are in authority. Legal crimes are less serious because they cause less harm, are not as frequent and are not as widespread. People who commit assault, fraud, embezzlement, vandalism, prostitution, and disorderly conduct are committing legal crimes. Legal crimes are not an obvious crime and do not have an obvious victim. However, not all crimes are reported to the police, therefore crimes are classified by the degree of harm caused, how frequent they occur, and how pervasive the crimes are throughout the country. Crimes can be distinguished by degree or severity of the crime by dividing the crimes into groups; felonies for severe crime and misdemeanors for less severe crimes. Another way to distinguish crime is between mala in se which is rape or murder or mala prohibita, which is trespassing, gambling, or prostitution. Once the public understands that the balance is the goal of "justice" the next step is to understand the difference between a natural crime and a legal crime.