What is the legal definition of Verbal Abuse?

[Lorie Brown RN, MN, JD]

Hi Lorie:

What do most BONs consider to be the legal definition of Verbal Abuse by a nurse towards a patient and what would they consider a preponderance of evidence of verbal abuse?

Thanks

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Dear Verbal Abuse

There are both federal and state definitions for verbal abuse. Look at the federal statutes as well as your state statutes for the applicable definitions. I have successfully argued that in cases of abuse, it does not meet the federal definition but remember, the Boards of Nursing do not need to use a definition but, instead, can use their own judgment. If they feel it is verbal abuse, they can take action.

A preponderance of evidence basically comes to a more likely than not level or, if you will, 51%. If you look at the scale of Justice and put a feather in one tray and that side drops slightly, that is a preponderance of evidence.