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Defamation in nursing?
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Defamation in nursing?
At a nursing home, skilled staff and health care providers offer around-the-clock care. In proposing to suspend a practitioner's registration, the Nursing and Midwifery Board ("NMBA") often contend that it is in the public interest. What is the written discovery phase? If you have been injured, call Charleston personal injury lawyer Nathan Hughey today. A new study found that residents at unionized long-term care homes were less likely to die from covid and workers were less likely to be infected. Invasion of privacy 5. The attorney who handled the BON hearing can also handle the defamation case if they have litigation experience in these cases. Get an in-depth breakdown of the Code of Ethics for Nurses, and learn what you can do as a nursing student to master its provisions and principles before even seeing your first patient. A nurse cannot win a lawsuit for defamation against someone who reported the nurse to the board of nursing in good faith. Study with Quizlet and memorize flashcards containing terms like defamation of character and invasion of privacy are two examples of unintentional torts that occur in nursing practice. Learn more at Findlaw. Defamation is a tricky area of law as the lines between stating an opinion versus a fact. Proceedings are commenced with a claim and a statement of claim filed at the court registry. Nurses are responsible for being aware of public and private laws that affect client care, as well as legal actions that can. AI-enhanced description Anirban Mandal. It can be implied or expressed claims that are false. There are many factors that you must consider before. AI-enhanced description Anirban Mandal. a defense to a defamation lawsuit even if the statement turns out to have been un-true Barnes-Jewish Hospital, 131 F 2d 1140 (E Mo Cooley Dickinson Hospital, Inc. Jul 26, 2022 · Libel is written defamation. The risk of a finding of liability in. Standards of care reflect the knowledge and skills possessed by nurses who are active practitioners in their profession. The duties owed by a nurse vary, and it is essential that they all be considered in the course of practicing nursing. However, there are situations where their own reputations may come under attack. Understanding defamation in the South African legal context is crucial, both for individuals concerned about their reputation and for those who wish to exercise their right to. Results. Sales and filed for example of defamation lawsuit, it can contain factual scenarios, document for hundreds of medications. It's the duty of nurses to do good for their patients while also respecting patient dignity and autonomy. Disrespectful and uncivil behaviors in healthcare settings can have detrimental effects on individuals, teams, organizations, and patient safety—including life-threatening mistakes, preventable complications, or harm to a patient. The breach that most frequently underlies malpractice actions is the claim that the nurse has not followed the standards of ordinary and reasonable nursing care in the treatment of a patient. defamation synonyms, defamation pronunciation, defamation translation, English dictionary definition of defamation The act of defaming; calumny. A defamation plaintiff under the Times or Gertz standard has the burden of proving by "clear and convincing" evidence, not merely by the preponderance of evidence standard ordinarily borne in civil cases, that the defendant acted with knowledge of falsity or with reckless disregard Welcome to your Fundamentals of Nursing Practice Exam 2! This exam is carefully curated to help you consolidate your knowledge and gain deeper understanding on the topic Number of Questions: 40 items. Hand picked by an independent editorial team and updated for 2024. 5 million to Dominion Voting Systems to settle a defamation lawsuit. Study with Quizlet and memorize flashcards containing terms like Law involving medical or nursing malpractice is common law that has evolved from accumulated judiciary decisions. Nursing is one of the most rewarding careers around. Defamation laws in Iowa are meant to protect an Iowa resident's rights to enjoy a. Abstract. Relational aggression has been studied amongst girls but rarely amongst adult women. Deciding on hiring nursing in-home care services for a loved one is a difficult one for many reasons. This article focuses on the impact of incivility on the patient care. Use social media to enhance the role of nursing in the community, among friends and the public. The expanded scope of nursing practice has brought increased responsibility and legal accountability, (1, along with it, increased exposure to liability 2). Compared with criminal cases involving offenses against the state, civil cases involve disputes against individuals. Libel is a defamatory statement in writing or other visible forms, whereas slander is a spoken defamatory statement. [1] October 7, 2023. The Board of Nursing is performing a judicial func-tion when taking sworn tes-solve issues relating to a nurse's license to practice. Slander is spoken defamation, while libel is written defamation. Defamation of character is a serious legal issue because it impacts you not just in the present, but the effects can follow you for years to come. ” Jun 10, 2022 · Criminal Defamation. It poses a significant risk of patient injury, disease, disability, or death. Examples of nursing defamation may include: Making false statements about a patient's condition or treatment. 'Published' includes any type of communication, for example: Conversation with another person. The law of defamation protects a person's reputation and good name against communications that are false and derogatory. Courts use nursing documentation in legal proceedings to reconstruct events by establishing times and dates, or admissible as evidence. Though the First Amendment of the U Constitution was designed to protect freedom. Whether a matter is defamatory is a question of fact to be determined by a court considering a. Clipboard Health, a company developing a platform to match healthcare workers with shifts at health facilities, has raised $80 million in venture capital. Advertisement If you're invol. A survey sent to participants in Britain's health care system revealed nurses scored 1. The Code sets the professional standards of practice and behaviour for nurses, midwives and nursing associates, and the standards that the public tell us they expect from those professionals Nurses, midwives and nursing associates must act in line with the Code. Compared with criminal cases involving offenses against the state, civil cases involve disputes against individuals. One, some, or all responses may be correct. Nurses must take care in their oral communication and documentation to avoid defaming clients or coworkers. Table 7-1 on who makes nursing practice rules mostly the National Council of State Boards of Nursing (NCSBN) and your State Board of Nursing. Available for iPhone, iPad, Android, and Web. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. Thomas University, 17 pages, Melanie Garcia 1. Determining whether the defamatory statement is per se or per quod is intertwined with the issue of fault. , Describe the professional and legal regulation of nursing practice. If one spreads a rumor that his neighbor has been in jail and this is not true, the person. Nurses should bear this in mind when communicating with patients and about patients, colleagues, employers, as well as other individuals and organizations. "The elements of duty, breach of duty, and patient injury must be. 'Published' includes any type of communication, for example: Conversation with another person. Nurses should develop a deeper understanding of the legal system in which they practice, and the laws that govern clinical practice, through lectures and. The scope of nursing includes promoting health, preventing illness, restoring health, and caring for the dying In this special additional chapter of The News Manual Online, we look at defamation in the Australian context. Defamation in Iowa is considered any statement, written or oral, that can bring harm to a person's reputation, incite hatred, or result in economic hardship for a business. Oct 14, 2023 · Defamation Law. Requirement of serious harm. The breach that most frequently underlies malpractice actions is the claim that the nurse has not followed the standards of ordinary and reasonable nursing care in the treatment of a patient. Libel involves written or spoken statements, while slander involves written or oral statements. In South Carolina, defamation is false communications about another person, business, or organization that are likely to cause harm to another's reputation. Understanding the Legal System. The risk of a finding of liability in. This is, in part, due to the fact that the. What are the definitions of defamation of character, slander and libel? Read defamation of character examples to learn how to prove when it has. To prove defamation, the plaintiff must show publication of the statement and identification of themselves. The service is also an important source for defamation cases which are. shock rock Defamation of character is defined as a false statement of fact that causes the victim some type of harm. Libel is false and unprivi-leged communication by writing, printing, picture, effigy or other fixed repre-sentation that exposes a person to hatred, contempt, Defamation is a type of law that aims to balance freedom of expression with the protection of reputations from untrue or harmful statements. Learn definitions, lawsuit requirements and formalities, common defenses, damages, and more. Libel and Slander. It also describes different types of laws including criminal laws to protect society, and civil laws involving torts which are civil wrongs that one person. A civil case, sometimes called a civil suit, is a legal dispute between one or more parties where one party, the plaintiff, sues another, the defendant. Nursing documentation is considered a legal document. Introduction A simple net surfing on defamation makes it clear that it involves any kind of activity that aims to damage or […] Important changes to Queensland's defamation laws come into force. It also restricts freedom of speech. Defamation is a false statement which discredits a person's character or reputation. A person seeking to sue for defamation has 12 months from the date of publication of the defamatory communication to claim the publisher of the material. Slander is a defamatory statement that is oral. Although asking for allergies is an important nursing action, the important aspect in this situation in the medical history of GI bleeding. Study with Quizlet and memorize flashcards containing terms like defamation of character and invasion of privacy are two examples of unintentional torts that occur in nursing practice. The ANMF have recently had enquiries from nurses, midwives and care workers about mandatory reports. The difference between libel and slander is simply whether the statements are written or spoken. Philippines Defamation: Definition. defamation synonyms, defamation pronunciation, defamation translation, English dictionary definition of defamation The act of defaming; calumny, slander, or libel American Heritage® Dictionary of the English Language, Fifth Edition. Earlier this month the BBC alleged on a news program that a former Tory politician was a child molester. dorm tapestry funny Nursing, Allied Health, and Interprofessional Team Interventions Nursing, Allied Health, and Interprofessional Team Monitoring Review Questions. Defamation (libel and slander) refers to causing damage to someone else's reputation. the falsity of the statement caused injury to the plaintiff 2. Legislation relevant to defamation proceedings in all Australian jurisdictions is supplied and regularly updated. First, curricular content can address integrating lateral violence content into simulation experiences and facilitating this knowledge into clinical experiences. Identify the purpose of credentialing, using as examples accreditation, licensure or registration, and certification. While practical nurse to LPN classes with prerequisite courses may delve into this subject, ongoing independent research can also be helpful in. If you’re interested in training to become a nurse but don’t have the schedule flex. Negligence in nursing is the failure of a nurse to behave with the level of care a nurse with the same training and prudence would exercise under the same circumstances. False imprisonment allegations can arise from actions such as the involuntary commitment to hospitals of a patient with a psychiatric diagnosis and the unjustified. To legally prove defamation, a person making a claim must be able to prove that the: other party made a defamatory statement; statement was about them; and. True or False, It is the responsibility of the. However, if you make a notification that is vexatious or not in good faith, you may be subject to regulatory action (such as, for example, a caution). As of 1 July 2021, damages for plaintiffs are capped at $432,500. Advertisement If you're invol. Libel developed differently, however. For example, in nursing, if you made an internet post. Failure to do so can result in legal action and malpractice claims. Written by Doug Wintemute Contributing Writer Le. Lawsuits can seem confusing, stressful, and foreign to those who have never experienced legal issues. wella toner chart Defamation of character is the spreading of information that damages a person's reputation. In some case studies more than one question used to assess nurses’ knowledge of the type of liability included in the case study. Find the legal definition of DEFAMATION from Black's Law Dictionary, 2nd Edition. United States defamation law. Under California law, it is a broad term for false statements made that cause damage to someone's good standing California Civil Code (Cal Code) §44 states that defamation is affected by either libel or slander. Woman sues nursing home for defamation, wrongful termination Apr 20, 2015. The determination of whether an alleged defamatory statement is per se or per quod is a matter of law. Libel is false and unprivi-leged communication by writing, printing, picture, effigy or other fixed repre-sentation that exposes a person to hatred, contempt, Defamation is a type of law that aims to balance freedom of expression with the protection of reputations from untrue or harmful statements. Medicine Matters Sharing successes, challenges and daily happenings in the Department of Medicine Happy Nurses Week! National Nurses Week occurs every year from May 6-12 in honor o. The determination of whether an alleged defamatory statement is per se or per quod is a matter of law. Jul 8, 2024 · false communication or communication with careless disregard for the truth with the intent to injure an individuals reputation defamation with the written word or photographs defamation with the spoken worx assault, battery, false imprisonment conduct of one person makes another person fearful and. Libel is false and unprivi-leged communication by writing, printing, picture, effigy or other fixed repre-sentation that exposes a person to hatred, contempt, Defamation is a type of law that aims to balance freedom of expression with the protection of reputations from untrue or harmful statements. Unaware nurses may have to face significant ramifications. Australian courts recognise civil wrongs, called torts. " Defamation is the communication of a false statement that harms the reputation of an individual. each state has its own laws. From malpractice to inappropriate information disclosure, there are legal ramifications every nurse should consider Defamation typically involves presenting false or accusatory statements as fact, which can harm someone's reputation or. Comments made on social. However, to prove that a written statement is defamatory under Australian law requires the complainant to prove all of the 'elements'. 905 Third Street SE, Suite 111, Cedar Rapids, IA 52401 Pundt Law OfficeE. If it is spoken it is called slander.
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This chapter, however, is more specific about the application of defamation laws in Australia. We would like to show you a description here but the site won't allow us. The Code sets the professional standards of practice and behaviour for nurses, midwives and nursing associates, and the standards that the public tell us they expect from those professionals Nurses, midwives and nursing associates must act in line with the Code. Then, we will cover common defenses to California defamation claims. It has been published by Rachit Garg. In today's interconnected world, communication and information-sharing have become. We're here to fight for your reputation! Show details. Defamation of character All willful acts that violate the rights of other people are called intentional torts. As such, it’s important to understand the pay rate for nurses so you can make a. If allegations are made regarding a nurse's professional conduct or provision of client care, the excuse "I did not know" does not hold up in a court of law or with a state's Board of Nursing. In either case, defamation is based on an invasion of one's "good name and reputation". Learn definitions, important lawsuit requirements and formalities, common defenses, and damages. Suing for defamation includes the same steps as other personal injury lawsuits. Assault In the context of nursing, assault refers to the intentional act of creating an apprehension of harmful or offensive contact. While practical nurse to LPN classes with prerequisite courses may delve into this subject, ongoing independent research can also be helpful in. Unlawful activity in nursing practice under the courts Criminality, where the state prosecutes an individual via the police and/or criminal courts, includes drug-misuse, and murder or at-. If such a communication is not absolutely "privileged" (protected) against liability, one must prove that a "conditional privilege" protects the person sharing the information with another Defamation includes two torts: libel (in writing) and slander (spoken). Draft a successful, enforceable cease and desist letter for defamation by demonstrating clear evidence that libel or slander has occurred. chamberlain university student login Suing for defamation includes the same steps as other personal injury lawsuits. The document also summarizes legal safeguards in nursing like credentialing, good Samaritan laws, standards of care, and informed. There are several types of laws and regulations that affect nursing practice. Defamation is a statement that injures a third party's reputation. Beneficence in nursing is the foundational ethical principle that the other six ethical principles are built upon. Defamation of character occurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation. Definition of Defamation Defamation is a legal term that refers to any false statement, either spoken (slander) or written (libel), that harms the reputation of an individual or Can you obtain temporary injunctive relief to prevent someone from continuing to make false and defamatory comments against you while your defamation lawsuit is pending? The Fifth District Court of Appeal was recently presented with this issue in Curvey v, 2021 WL 3934553 (Fla. If such a communication is not absolutely "privileged" (protected) against liability, one must prove that a "conditional privilege" protects the person sharing the information with another Defamation includes two torts: libel (in writing) and slander (spoken). This page deals with the introduction of the serious harm test in defamation claims. A Brandon, Man. True or False, Good Samaritan Laws are designed to protect health doctor when they give aid to people in an emergency situations regardless of the outcome of care. Study with Quizlet and memorize flashcards containing terms like A primary care provider's orders indicate that a surgical consent form needs to be signed. For example, in nursing, if you made an internet post. The following are some defamation examples in healthcare that may help demonstrate how to deal with defamation cases in the field. Which offense has the nurse committed? a. He had been working as a dietary aide at a nursing home in Bethel Park, and received an associate degree in engineering science two months ago from the nearby Community College of Allegheny County. Under defamation law in Australia, written material, pictures, or spoken. The 2020 coronavirus pandemic certainly reminded the world of the importance of quality nursing. Advertisement If you're invol. chicken sammy A civil lawsuit alleging negligence is the predominant concern nurses have when they turn their minds to this. The difference between libel and slander is simply whether the statements are written or spoken. Defamation may either be slander or libel. Jul 8, 2024 · false communication or communication with careless disregard for the truth with the intent to injure an individuals reputation defamation with the written word or photographs defamation with the spoken worx assault, battery, false imprisonment conduct of one person makes another person fearful and. To escape the strictures of this traditional doctrinal analysis and with a view to garnering richer insights, the history of defamation law is analysed through the prism of reputation. A nurse cannot win a lawsuit for defamation against someone who reported the nurse to the board of nursing in good faith. A man's reputation is treated as his property and if any person poses damage to property he is liable under the law, similarly, a person injuring the reputation of a person is also liable under the law. 5 million to Dominion Voting Systems to settle a defamation lawsuit. If they are written, they are considered libel. Defamation involves negative communication about an individual or group that damages their reputation. The Defamation Act 2009 now governs all claims of defamation arising since the commencement of the new legislation. [13] Jun 19, 2020 · In Nurses Weekly. When it happens in the medical context it is particularly scary. Spoken defamation, or slander, is a false statement about you that is spoken to a third person and is not protected by any privilege. Intentional torts are intentional actions that result in harm to the plaintiff. Nurses are trading in hospital-staffing positions for higher-paying jobs with traveling nurse agencies. Workplace defamation can take the form of. Defamation is a statement that injures a third party's reputation. If it is published in print (including digital print), or through some form of media, it is called libel. clifhigh bitchute Jul 22, 2021 · Defamation of Character. Wondering what you'll pay for in nursing home costs? It depends on your location and the facility. The WHO has recognized deficiencies. It can be very difficult to unwind false rumors or statements about you. each state has its own laws. Jul 26, 2022 · Libel is written defamation. These statements can include social media. If such a communication is not absolutely "privileged" (protected) against liability, one must prove that a "conditional privilege" protects the person sharing the information with another Defamation means causing serious harm to a person’s reputation by publishing material about them that changes the way people feel about them. Jun 10, 2022 · The purpose of the Defamation Act is to ensure that the law of defamation in Queensland is consistent with the rest of Australia, and to: encourage non-litigious methods of resolving disputes (s 3 Defamation Act). It’s called libel when it’s written. As healthcare professionals, nurses are bound by ethical standards and legal responsibilities to ensure the well-being of their patients. The statement caused injury or damage to the plaintiff. The Defamation Act was amended on 1 July 2021, and the current version of the Defamation Act applies to all actions in defamation where the defamatory matter was published on or after 1 July 2021. In today's interconnected world, communication and information-sharing have become. Defamation is a false statement which discredits a person's character or reputation. It pertains to protecting a person's reputation from false statements that harm their character or standing in the eyes of the public. Defamation in Iowa is considered any statement, written or oral, that can bring harm to a person's reputation, incite hatred, or result in economic hardship for a business. Libel and slander are types of defamatory statements. Find the best online master's in nursing administration online with our list of top-rated schools that offer accredited online programs.
The visitor asks the nurse to provide a brief outline of the client's illness. A student dismissed from the University of Louisville's nursing school because of her Internet postings has sued the university, alleging that it violated her First Amendment rights. Email: general@hallpayneau. Laws are rules and regulations created by a society and enforced by courts and professional licensure boards. On 1 July 2021 the Defamation (Model Provisions) and Other Legislation Amendment Act 2021 (Qld) came into force, the effect of which was to amend the Defamation Act 2005 (Qld). Though the First Amendment of the U Constitution was designed to protect freedom. Hand picked by an independent editorial team and updated for 2024. craigslist jonesboro ar personals Published on November 3, 2023, 3:04 pmAn RN is facing a distressing situation where another nurse has accused her of having dementia and spread this false information to other nurses and administrators. Traditionally, defamatory statements have been separated into two categories: slander and libel. The nursing code of ethics is the backbone of a nurse's ability to provide diligent yet compassionate care to meet patient needs. It can lead to legal battles, financial strain, and irreparable harm to the institution's reputation. fam industries In Victoria, the applicable law is the Defamation Act 2005 (Vic), which operates alongside the tort of defamation. This means filing a tort lawsuit. Registered nurses working in today's fast paced, high-tech health care environments are aware of their professional accountability and that, at some point, they may be involved in legal proceedings related to their practice. Identify contemporary ethical issues and potential conflicts of interest that may impact nursing practice4. present for a malpractice claim "Negligent nursing care and failure to follow standards must be. Use social media to enhance the role of nursing in the community, among friends and the public. Defences to defamation. These statements can include social media. lg monitor settings On 1 July 2021 the Defamation (Model Provisions) and Other Legislation Amendment Act 2021 (Qld) came into force, the effect of which was to amend the Defamation Act 2005 (Qld). Understanding the Legal System. This needs to be addressed as soon as possible Reach out to us today to schedule your free, initial no-obligation defamation consultation with an intake specialist by calling us at (216) 373-7706, or by filling out our contact form online. Libel occurs when written defamation of character takes place. District Court for the District of Minnesota ruled the employer got legal immunity from a civil lawsuit for defamation only if it acted in good faith. Standards relfect the knowledge and skill ordinarily possessed and used by nurses actively practicing in the profession. In this guide, we'll explain exactly what you need to prove to win your case. The taking from one's reputation.
communication that is false or made with a careless disregard for the truth and results in injury to the reputation of a person; Types: Defamation, or defamation of character, is heard often in the media when one person has supposedly made a false statement that harmed another's reputation in some manner. Useful as both a learning tool and a professional resource, the text is a comprehensive review of legal and ethical issues for nurses at all levels of education and licensure in all clinical settings. Try to learn why the grantor is giving scho. Study with Quizlet and memorize flashcards containing terms like Defamation of character, For defamation, a plaintiff must prove, What is published? and more. Even more concerning, one in five are. Find and connect with the 8 Best Defamation Lawyers in Atlanta, GA. describe the nursing implications associated with each tort. When the statements are written, they are considered “libel,” while spoken defamation is “slander A person who is defamed can sue the person who said or wrote the defamatory statements. It covers various torts like assault, battery, invasion of privacy, and defamation of character. Nurses face various legal issues and responsibilities in their work. Libel and slander are types of defamatory statements. Libel is a defamatory statement in writing or other visible forms, whereas slander is a spoken defamatory statement. Analyzing the requirements to prove defamation, successful cases & defences to defamation. , Identify the purpose of credentialing, using as examples accreditation, licensure or registration, and certification Online defamation can extract severe punishments for it can spread defamatory or insulting statements to a larger extent as compared to newspapers in this highly technology-driven world. Section 499 provides the definition of defamation and all the cases and exceptions of the act of defamation. Jul 17, 2020 · Intentional-torts include battery entailing physical contact or injury, assault entailing threat of injury or danger, false imprisonment entailing unwarranted restraining, and defamation entailing reputation-damaging publications. In this article, I will share information with you about battery in nursing. Whether a matter is defamatory is a question of fact to be determined by a court considering a. armslist pensacola Deciding on hiring nursing in-home care services for a loved one is a difficult one for many reasons. In the past, defamation was. Defamation (Qld) Defamation is the publishing of unsubstantiated information which damages a person's reputation. Assault, battery and wrongful death may be considered inte. After the dressing came off,. Defamation is a false statement that causes damage to somebody's reputation. Defamation Breach of duty Duty Invasion of privacy Causation Breach of duty-----Failure to use due care (e, a nurse fails to check the vital signs or condition of the patient after surgery, or a nurse begins cardiopulmonary resuscitation on a patient who has a do not resuscitate order) can be used to prove malpractice. Social media platforms such as Facebook and Twitter are making it all too easy for people to make damaging and. Govern the use of restraint in accordance with legislation. There are many routes nurses can take, including. Are you considering a career in nursing but worried about the time it takes to complete a traditional nursing program? Look no further – a fast track nursing program might be the p. Historically, the distinction between libel and slander was significant and had real-world implications regarding how a case was litigated. Law entails precedent-based common law and parliamentary-legislation-based statutory law. In the past, defamation was. qubo old shows Study with Quizlet and memorize flashcards containing terms like Defamation of character, For defamation, a plaintiff must prove, What is published? and more. CoursePoint - Chapter 7: Legal Dimensions of Nursing Practice. A defamatory statement made in writing, or “published,” it is considered “ libel ,” a defamatory statement that is spoken is considered. Now it’s time to kickstart your career and find the perfect. defamation synonyms, defamation pronunciation, defamation translation, English dictionary definition of defamation The act of defaming; calumny, slander, or libel American Heritage® Dictionary of the English Language, Fifth Edition. Feb 9, 2024 · In Western Australia, there is an offence of criminal defamation to cover the publication of some defamatory statements about another living person. True or False, Good Samaritan Laws are designed to protect health doctor when they give aid to people in an emergency situations regardless of the outcome of care. Maryland recognizes the distinction between defamation per se and defamation per quod. If a person suffers injury to their reputation as a result of another person's. This is the complete guide to New Jersey Defamation Law. , Defamation of character and invasion of privacy are two examples of unintentional torts that occur in. In most states, defamation is not a crime, but it is a " tort. The determination of whether an alleged defamatory statement is per se or per quod is a matter of law. A lawsuit by a physician against a hospital and nursing. Click the card to flip 👆. This document discusses nursing practice and the law.