X, a 69 year old who is hospitalized for GI disorder, the shift nurse administered enema without the consent of the patient. The patient was depressed and uncooperative and he expressed his dislike for the enema. However, without listening to his opposition,…
According to American Medical Association, it is necessary that every patient must receive all the relevant information in terms they can understand and comprehend; also, the term ‘informed consent’ means that a patient’s refusal to allow a particular procedure should be respected (as cited in Guido & Watson, n. d. p. 77).
In the case of Mr. X, the patient is elderly, depressed and uncooperative. That means when the patient refused to give consent, either the patient could have been give more time and information to decide, or another person who is legally entitled to give consent could have been contacted. In the absence of all these, the nurse could have reported the matter to the supervisor instead of administering enema without consent.
In this particular case, the nurse has gently turned the patient in his bed and administered enema. This happened despite the patient’s repeated claim that he did not want an enema then. Thus, the nurse has committed a tort that comes under intentional torts. Intentional torts are the torts that violate the rights of the patient. Some people possess the misconception that a tort becomes intentional tort only when it results in actual harm. However, the reality is that a tort is there when a patient’s rights are violated.
According to Croke (2003), there are three forms of intentional torts. They are assault, battery, and false imprisonment. The term ‘assault’ can be defined as a threat of being touched in an offensive, insulting, or physically injurious manner. ‘Battery’ is actually touching a person or the person’s property without consent; and examples of battery include even forcing a patient to ambulate against his or her wish and restraining a patient without permission to implement a procedure (Croke, 2003, p. 54).
Admittedly, in the given case, the said Mr. X was not willing to allow enema at that time. In such an eventuality, it is necessary for the ...
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In sale of goods and supply of services the Act describes some basic provisions which are implied by the statute so that protection can be provided to purchasers. In section 12, the Sale of Goods Act protects buyers where a seller lacks thee the right to sell goods to them. In section 13, there is a provision that where the goods are sold with description of the same good, it is implied that the good will obviously correspond to the stated description.
Although, both torts and crimes have common features, mainly state is responsible for crime prosecution; whereas any aggrieved party may bring a lawsuit for tort. When a person suffers a tortuous injury, he is entitled to get monetary compensations from the person or group of persons liable for those injuries.
Tort law covers most of civil lawsuits. The law is usually split into three basic categories. Negligent torts refer to harm and injury caused to people when the torfesor fails to exercise the level of care expected of them. Such negligent torts include accidents.
Usually, there are duties owed to people in different circumstances, and for wrongful or negligent actions, there is liability imposed by law. The key function of the Law of Torts is to offer remedies to those claimants who have suffered loss, infringements of rights or harm, which may include physical injury to property or persons, damage to financial interests and reputations of persons, and interference with a person’s enjoyment and use of their property such as land.
Employment and Law of Tort Name Professor’s Name Course Date Employment and Law of Tort Introduction Tort deals with such situation in which one’s action and conduct results into loss or harm of the other parson. Tort is not necessarily an illegal action and there is a clear distinction tor and criminal law.
In other terms, tort refers to a collection of rights, responsibilities and remedies applicable in the justice system, more so in civil lawsuits to compensate and relieve those affected or harmed by the wrongful actions or omissions by others1. Those who sustain injuries or losses due to tortious conducts are referred to as plaintiffs while those responsible for the injuries and are liable for the damages are referred to as defendants or tortfeasors2.
However, the classifications of the wrong as committed are done over a wide range of considerations in order to verify such a claim. For instance there are torts which result from an intentional motive by a person to harm another (intentional torts) while there are others that result from one’s faults but are not intentional.
Tort law provide remedies for civil wrong committed against the plaintiff. The most common remedies for a tort are restrictive orders and cash compensations. However, the plaintiff may seek two types of damages namely; punitive and compensation damages. Punitive damages are aimed at punishing the defendant for committing intentional and malicious acts against the plaintiff.
According to the report negligence is when one is fails to observe the duty of care at work place resulting into one of the injuries mentioned above. In such a situation when one knows or is expected to know what should be done and deliberately or not fails to do as expected thus resulting into a loss, he/she is held liable for the losses.
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