Which of the following is an example of an Intentional Tort?

Which of the following is an example of an Intentional Tort?

A.
The primary nurse does not complete the plan of care for a client within 24 hours of the client’s admission.

B.
The advanced practice nurse recommends that a client who is a danger to self and others be voluntarily admitted to the psychiatric unit.

C.
The treatment team changes a client’s admission status from involuntary to voluntary after medication alleviates the client’s hallucinations.

D.
The nurse decides to give a PRN dose of a neuroleptic drug to a client to prevent violent acting out because the unit is short staffed.

The Correct answer and Explanation is:

The correct answer is:

D. The nurse decides to give a PRN dose of a neuroleptic drug to a client to prevent violent acting out because the unit is short-staffed.

Explanation:

An intentional tort in nursing involves a deliberate act that violates a patient’s rights. These acts are performed intentionally and are not the result of negligence or accidents. Common examples of intentional torts include assault, battery, false imprisonment, and intentional infliction of emotional distress.

In this scenario, the nurse administers a PRN (as needed) dose of a neuroleptic drug to a client to prevent violent behavior. However, the decision to administer this medication is not based on the client’s clinical need at that moment but rather on the unit being short-staffed. This action could be considered an intentional tort, specifically battery. Battery in a healthcare context occurs when a medical professional performs a procedure or administers medication without the patient’s consent or without a valid medical reason. Even though the nurse might have had good intentions, the use of medication as a means to manage staffing challenges rather than addressing the client’s immediate medical needs is inappropriate and potentially harmful.

Additionally, if the client is not exhibiting violent behavior at that time and the medication is given to prevent possible future actions, this could be construed as both unethical and a violation of the client’s rights. It also borders on false imprisonment because the medication could chemically restrain the patient, limiting their freedom without proper justification.

Why the Other Options Are Not Correct:

  • A. The primary nurse’s failure to complete a plan of care within 24 hours is an example of negligence or a breach of duty, which is an unintentional tort, not an intentional tort.
  • B. The advanced practice nurse recommending voluntary admission for a client who is a danger to self or others is a legitimate clinical action, not an intentional tort.
  • C. Changing a client’s admission status from involuntary to voluntary after improvement in their condition is a clinical decision and does not constitute an intentional tort.

Intentional torts involve deliberate actions that infringe upon a client’s rights, as in the administration of unnecessary medication in option D.

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