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Criminal and Civil Liability in Nursing
1.
2. An act committed in violation of public
(criminal) law
Punishable by a fine or imprisonment
Does not have to be intended in order to be a
crime
>Example: accidentally administering an
additional and lethal dose of a narcotic to
relieve discomfort
3. Felony
◦ Serious nature (e.g., murder)
◦ Punishable by term in prison
Misdemeanor
◦ Less serious
◦ Punishable by a fine or short-term jail
sentence, or both (e.g., using expired
license)
4. A nurse who administers an additional
and lethal dose of a narcotic may be
charged with second-degree murder
or manslaughter
A nurse who slaps a client’s face could
be charged with a misdemeanor
5. Civil wrong doing against a person or a
person’s property
Based on fault
◦ Something done incorrectly
◦ Something omitted
6. Intentional
Act done on
purpose or with
intent
No harm need be
caused
Unintentional
Negligence,
malpractice
Do not require
intent
Require element of
harm
7. Assault - Attempt or threat to touch
unjustifiably
Battery- Willful touching that may or may not
cause harm
False imprisonment- Unjustifiable detention
without legal warrant
Invasion of privacy- Direct wrong doing of a
personal nature
8. • Communications that are false
Slander Defamation by spoken word
Libel Defamation by means of
print, writing, or pictures
9. Negligence
Misconduct or practice that is below the
standard expected of an ordinary,
reasonable, and prudent person
Places another person at risk for harm
Applies to anyone
◦ Example : giving medication without
reviewing the 10 rights; long duration
on application of hot water bag which
caused burn.
10. Malpractice
Negligence that occurred while the
person was performing as a
professional
◦ Applies to physicians, dentists,
lawyers, and generally includes
nurses
Ex. A nurse prescribing medication to
patient.
Giving over dose pain reliever because of
sympathy.
12. Does an act or fails to do an act that causes
damage.
Example : A nurse knows the patient needs to
be given Oxygen but the nurse did not
administer the oxygen.
A medicine is supposed to be administered
by 8:00 am but the nurse prioritized to have
break first before giving the meds.
13. Parricide – kills his
father, mother, or child
whether legitimate or
illegitimate or his
spouse or any of his
descendants.
Homicide – killing of
any human creature,
may not be a crime but
committed without
criminal intent.
Infanticide – killing
of a child less than
3 days of age
Abortion –
termination of
pregnancy before
the fetus is viable.
14. Simulation of
Birth
- substitution of
one child for
another or
conceal/abandon
any legitimate child
with intent to cause
child to lose his/her
civil status.
Extorting ransom
- demanding /
forcing the
payment of money
from a person,
through violence/
intimidation, as the
price for the
delivery or release
of a detained or
kidnapped victim.