Intentional Educational Malpractice In America
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Schools may defend a lack of action by arguing that the cyberbullying did not cause widespread disruption at school. Saxe v. A significant cyberbullying decision in the Fourth Circuit offers further support for this position. In Kowalski v. Berkeley County Schools , a high school student was suspended for creating a MySpace webpage from her home computer that ridiculed another student and encouraged others to post hurtful comments about the targeted student. But in another case, J.
The video had not been violent or threatening and had not led to confrontations at school. Though it is clear that schools have authority to regulate cyberbullying, in some circumstances, courts are in the early stages of determining when schools have the responsibility to do so.
Medical Malpractice Coverage
Sometimes cyberbullying constitutes harassment that may trigger responsibilities under federal anti-discrimination statutes and the U. Your client may also have common law tort claims and civil rights claims under state law. Federal claims. Although the elements and nuances of litigating these federal civil rights claims are beyond the scope of this article, keep the following key points in mind.
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Monroe County Board of Education established the basic elements for these claims and ADA claims: Victims must prove that the school district acted with deliberate indifference to actually known harassment that was so severe and pervasive that it deprived the victim of educational opportunities. State claims. When evaluating a cyberbullying case, consider common law tort claims and civil rights claims under state law. State civil rights statutes also often cover a wider range of discrimination than federal statutes—for example, some prohibit discrimination based on sexual orientation.
Harm: The Plaintiff must suffer harm in order to sue for negligence. If he suffers no harm, he cannot sue. Where the laws of intentional torts allow a plaintiff to sue for harm the defendant caused on purpose, the laws of negligence allow a plaintiff to sue for harm the defendant caused either by accident or through reckless behavior.
With that in mind, please keep negligence in the back of your mind when you are analyzing a scenario involving intentional torts because you may find that a plaintiff will be able to recover in negligence even if he cannot recover for an intentional tort. For example:.
No Coverage under Professional Liability Policy for Doctor’s Intentional Acts
The four elements that a plaintiff must prove to win a negligence suit are 1 Duty, 2 Breach, 3 Cause, and 4 Harm. When trying to establish a case for negligence, you must make sure that all four elements have been met:. There are two kinds of duty that a defendant could owe the plaintiff. The first is the general "duty of care". For example, nurses are liable when they fail to carry out doctor's orders. Berman and Synder, Respondeat Superior : Respondeat Superior is the legal doctrine or principle that states that employers are legally responsible for the acts and behaviors of its employees. Respondeat Superior does not, however, relieve the nurse of legally responsibility and accountability for their actions.
They remain liable. Berman and Synder, Negligence : Negligence is a nonintentional tort. Negligence occurs when the nurse fails to follow established policies, procedures and standards of care in the same manner that another "reasonable" nurse would do in the same situation. Berman and Synder, Malpractice : Malpractice, also a nonintentional tort, has six elements. The elements of malpractice include a duty, a breach of duty as a nurse, reasonable foreseeability that the nurse's act has a connection with the patient injury that occurred, the patient was harmed, the link that act directly led to the harm and the patient has the right to financial compensation or damages.
Berman and Synder, Assault : Assault, an intentional tort, is threatening to touch a person without their consent. Berman and Synder, Battery : Battery, another intentional tort, is touching a person without their consent.
Public School and the Private Vision: A Search for America in Education and Literature
Using a restraint without an order is considered false imprisonment. Berman and Synder, Defamation : Defamation is making false statements about a person in writing or orally that leads to the destruction of a person's reputation. Berman and Synder, Slander : Slander is oral defamation of character using false statements. Libel : Libel is written defamation of character using false statements.
Identifying Legal Issues Affecting Staff and Clients Some of the most commonly occurring legal issues that impact on nursing and nursing practice are those relating to informed consent and refusing treatment as previously detailed, licensure, the safeguarding of clients' personal possessions and valuables, malpractice, negligence, mandatory reporting relating to gunshot wounds, dog bites, abuse and unsafe practices, for example, informed consent, documentation, accepting an assignment, staff and client education relating to legal issues, and strict compliance with and adherence to all national, state, and local laws and regulations.
Licensure All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. The Safeguarding of Clients' Personal Possessions and Valuables Nurses are responsible for the safeguarding and respecting the clients' personal possessions and valuables; they must also NOT, under any circumstances, borrow or steal their personal possessions and valuables.
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Malpractice Malpractice is an act of omission or commission that does not meet established standards of care and causes some injury. Negligence Negligence is also an act of omission or commission that does not meet established standards of care.
Cyberbullying, from schoolhouse to courthouse | The American Association For Justice
Informed Consent and Refusals of Treatment which was fully detailed previously. Documentation All documentation and all forms of documentation are considered legal documents. The Acceptance of an Assignment Nurse are legally accountable to accept only those assignments that are appropriate in terms of their nurse practice act and their scope of practice, and only those that the nurse believes that they are competent to perform.
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Scope of Practice vs Scope of Employment RN Scope of Practice The Provision of Staff and Client Education Relating to Legal Issues As with other educational needs, nurses assess client and staff member educational deficits and educational needs relating to the legal issues that impact on their care and the care that nurses provide, respectively. Compliance With and Adherence to Other Laws Nurses are also expected to comply and adhere to other national, state, and local laws and regulations.
Reviewing the Facility Policy, Federal Mandates and State Mandates Prior to Agreeing to Serve as an Interpreter for Staff or Primary Health Care Providers In addition to following the policies and procedures of the particular employing healthcare organization, nurses must also follow and comply with any federal and state laws relating to interpreters and serving as an interpreter. Some of these laws include: The Americans with Disabilities Act of and the Rehabilitation Act of which forbid and prohibit any discrimination against people with disabilities including those who are deaf.
Sign language interpreters could be used in healthcare facilities to comply with these laws. The Civil Rights Act of l and Title VI of this law states that "No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance.
Such exclusions, delays or denials may constitute discrimination on the basis of national origin, and in violation of Title VI".