The Three Basic Rights of Autonomy - Essay Example

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 given 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 the enema without consent.

In this particular case, the nurse gently turned the patient in his bed and administered an 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 an 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 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 an enema at that time. In such an eventuality, the nurse must ensure that there is legal consent on the part of the patient to allow the procedure. It is likely for the nurse to argue that the patient suffered no harm, injury, or pain as a result of the enema she administered without consent. However, the mere fact is that it is not necessary to cause any harm to the patient for a battery to occur. The battery can occur even without the knowledge of the patient. Thus, measuring the pulse of a sleeping patient too comes under the purview of a battery.
In total, the patient has a legal case against the nurse and the tort will be the intentional tort of battery. Read More