Each student shall find and post at least 2 links to authoritative external sour

Question

Each student shall find and post at least 2 links to authoritative external sources explaining criminal assault and battery in medical settings.

Below are some of the commonly encountered mistakes I have found in the Individual Discussion Board Post Assignments.

1. Each assignment requires 2 sources (APA Style reference) and 2 links (one for each source).

2.  For a journal article APA Style requires: authors (last name and initials) - year of publication - title - journal name - volume - issue - page numbers.

3.  All authors must be listed in the references eclipses are never permitted and the "et. al.," is only permitted in citations.

4. The definition of "authoritative sources" specifically states that the following are NOT permitted:

  Newspapers - including the Wall Street Journal,

  Blogs regardless of source,

Editorials or panel discussions or

Any narrative that does not contain citations and references to support the statements made, as well as,

Dot com sites are not considered authoritative for this course.

Explanation / Answer

1. http://www.nursinghomeabuseguide.org/elder-abuse/assault-and-battery/

Assault and Battery

Physical abuse at nursing homes is a serious problem. It can be very difficult to prevent or stop abuse in situations when the victim feels afraid or secluded and does not report what is happening to supervisors or their family. In these types of situations, professionals and family members must be knowledgeable about the risk of abuse and the signs that physical abuse has occurred.

In the most serious cases of physical abuse, the actions constitute assault and battery, which are criminal offenses. Whether the victim received the assault from a caregiver, a visiting family member, or another resident, it is up to others that are close to the victim to help him get protection from the abuser.

What Is Assault and Battery?

Assault and battery is a common criminal offense, but many people do not know the legal definition of assault and battery. Assault is the intentional act of making someone fear that you will cause them harm. You do not have to actually harm them to commit assault. Threatening them verbally or pretending to hit them are both examples of assault that can occur in a nursing home.

Battery is the intentional act of causing physical harm to someone. Unlike assault, you don’t have to warn the victim or make him fearful before you hurt them for it to count as battery. If a nursing home attendant surprises the patient and pushes the patient from behind, that would qualify as battery. Assault and battery occurs simultaneously when an individual threatens to harm someone and then physically harms that person.

Examples of Assault and Battery in a Nursing Home

• Punching

• Pushing

• Kicking

• Slapping

• Pinching

• Threats

• Emotional Abuse

• Inducing Fear

Noticing Signs of Assault and Battery

Finding evidence of assault and battery in a nursing home is not an easy task. Those who are committing the abuse may target patients who have difficulty talking, have few visitors, or who suffer from dementia or impaired memory.

When you visit a nursing home resident, you should keep an eye out for certain warning signs. For example, if the nursing staff delays you significantly before letting you see the patient, it might suggest that they recently had committed a form of physical abuse. If a nursing home staff member refuses to leave you alone with the patient that is another sign that your loved one might be being abused. No matter what, you will also want to examine the patient yourself and see if there are any physical signs of assault and battery.

Possible Signs of Nursing Home Assault and Battery

• Bruises, cuts, and wounds

• Fractures and broken bones

• Any unexplained injuries

• Loss of hair

• Torn or bloody clothing

• Depression or anxiety

After Finding Examples of Assault and Battery

When you find out that the nursing home staff is committing assault and battery, you should remove the patient from the nursing home immediately. After accusing the staff of abuse, they may act in retaliation against the patient. Assault and battery is a criminal offense, so you should quickly inform the authorities, so that they can prosecute the offenders and prevent them from harming any other patients.

You may also be able to file a civil suit against the staff members for committing the assault and battery. If the nursing home was aware of the abuse or knew that these staff members had a history of abusing patients, you may also be able to file a negligence suit against the facility. A lawyer who is experienced with nursing home lawsuits will be able to help you determine what legal options are available.

Sources:

“Elder Abuse and Neglect.” HelpGuide.org. HeHelpGuide.org, n.d. Web. 13 Feb 2014. <http://www.helpguide.org/mental/elder_abuse_physical_emotional_sexual_neglect.htm>.

“Elder Abuse: Prevention Strategies.” Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 14 Jan 2014. Web. 13 Feb 2014. <http://www.cdc.gov/violenceprevention/elderabuse/prevention.html>.

“Stop Abuse.” National Center on Elder Abuse. Department of Health and Human Services, n.d. Web. 13 Feb 2014. <http://www.ncea.aoa.gov/stop_abuse/index.asp

2.Medical imaging and consent: when is an Xray assault?

Andrea N. Lane, BMI, LLB – solicitor

Abstract

New Zealand patients have rights in relation to their healthcare including the right to consent to medical treatment. Medical imaging is the third largest category of hospital procedure in New Zealand and it constitutes a circumstance where examination without consent could be assault. New Zealand assault law is unique, and medical radiation technologists (MRTs) must be educated about their responsibilities. A literature review was conducted focusing on the medico legal aspects of consent as it relates to medical imaging. This was compared to the practical realities of practicing radiography as experienced by the author. Finally, the guidance given by the professional bodies for MRTs in New Zealand was examined to determine whether it adequately informs MRTs of the responsibilities and provides them with a framework to guide their practice. Medical imaging is a diverse area presenting a range of challenging circumstances for consent. Currently, the consent framework and guidance provided by professional bodies is insufficient and in need of updating.

Article information

J Med Radiat Sci. 2016 Jun; 63(2): 133–137.

Published online 2016 May 9. doi: 10.1002/jmrs.172

Andrea N. Lane, BMI, LLB – solicitor

Beckenham, Christchurch, New Zealand

Corresponding author.

*Correspondence

Andrea N. Lane, C/ PO Box 33521, Barrington, Christchurch 8244, New Zealand. Tel: +64 22 503 9850; Email: moc.liamg@enalavonaerdna,

Received 2015 Aug 9; Revised 2016 Feb 22; Accepted 2016 Mar 8.

Copyright © 2016 The Authors. Journal of Medical Radiation Sciences published by John Wiley & Sons Australia, Ltd on behalf of Australian Institute of Radiography and New Zealand Institute of Medical Radiation Technology.

This is an open access article under the terms of the Creative Commons AttributionNon CommercialNo Derivs License, which permits use and distribution in any medium, provided the original work is properly cited, the use is noncommercial and no modifications or adaptations are made.

Articles from Journal of Medical Radiation Sciences are provided here courtesy of Wiley-Blackwell

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