RNSG 1412 OB/PEDI:Nursing Legal, Ethical, and Clinical Competency Examination: Tort Law, Negligence, Malpractice, Intentional Torts, Duty of Care, Breach, Causation, Injury, Damages, Good Samaritan Act, Nurse Practice Act, Standards of Care, Informed Cons

RNSG 1412 OB/PEDI:Nursing Legal, Ethical, and Clinical Competency Examination: Tort Law, Negligence, Malpractice, Intentional Torts, Duty of Care, Breach, Causation, Injury, Damages, Good Samaritan Act, Nurse Practice Act, Standards of Care, Informed Consent, Patient Rights, Pediatric Care, Obstetric Care, Confidentiality, Refusal of Treatment, Statute of Limitations, Safe Harbor, Emergency Medical Treatment, EMTALA Compliance, Documentation Accuracy, SBAR Communication, Professional Accountability, Continuing Education, Risk Management, Liability Prevention, Pediatric Bill of Rights, Neonatal Safety, Maternal-Fetal Ethics, Abortion Law, Postpartum Discharge Guidelines Exam Questions Verified and Provided with Complete A+ Graded Rationales Latest Updated 2026 Tort Laws Tort laws offer remedies to individuals harmed by the unreasonable actions of others. Tort claims are based on the legal premise that individuals are liable for their actions if they result in injury to others. There are two major categories of torts in medical related cases: intentional tort and negligence tort. Intentional Torts Intentional torts are usually offenses committed by a person who attempts or intends to do harm. For intent to exist, the individual must be aware that injury will result from the act. The RN has knowledge that the act or omission of an act will cause injury to the plaintiff. This is different from “intent to injure”, which is a criminal matter. The distinction is “intent to act without regard” as opposed to the “intent to injure”. Examples of Intentional Torts: Assault: Threatening to harm resulting in fear. Battery: Unlawful, unprivileged touching of another person. Deceit: False statement or deceptive practice done with intent to injure another. False imprisonment: Unlawful restraint of a person, whether in prison or otherwise. Defamation: Wrongful act of injuring another’s reputation by making false statements. Invasion of privacy: Interference with person’s right to privacy. Infliction of emotional distress: Intentionally or recklessly causing emotional or mental suffering to others. Negligence & Malpractice Negligence and malpractice are used synonymously in litigation. The difference is that “malpractice” is a specific type of negligence. Malpractice implies: a violation of professional duty or a failure to meet the standard of care of other prudent professionals in similar circumstances or failure to use the skills and knowledge of other professionals in similar circumstances. Nursing Negligence The elements of negligence are: (1) duty (2) breach of duty (3) causation (4) injury and damages. Without all four elements there will be no malpractice claim in a court of law. Negligence Element 1: Duty The existence of a duty of care exists because of the contractual relationship between the patient and the doctor, the hospital, and other health care providers. When the nurse-patient relationship is established, the nurse has a duty to: Possess the nursing knowledge required of a reasonably competent RN engaged in the same specialty, and Possess the skills required of a reasonably competent RN engaged in the same specialty, and Exercise the care in the application of that knowledge and skill to be expected of a reasonably competent RN in the same specialty, and Use the nursing judgment in the exercise of that care required of a reasonably competent RN in the same medical or health care specialty. Generally, a health care professional does not have a duty to someone who is not a patient. Negligence Element 2: Breach of Duty Breach of duty is the failure of the nurse to follow the standards of care found in the hospital's unit