• Professional Issues in Nursing
    1998, Hurwitz states in order to prove medical negligence, the patient plaintiff must prove: The defendant nurse owned the plaintiff a duty of care and breached in this duty of care by failing to provide the required reasonable standard of care. Thus this breach of duty of care caused the plaintiff...
    Premium 1248 Words 5 Pages
  • The Importance of Acting Lawfully as a Nurse
    within the nursing profession relates to preventing unreasonable risk of damage to the patient. Both negligence and duty of care are both under the same law, which is the Civil Liability Act 2002. Under the act it states, “as a result of the defendant’s breach of duty of care owed to the plaintiff...
    Premium 1346 Words 6 Pages
  • Negligence of Duty
    someone fails to do something that a reasonably prudent person would do in a similar situation. There are four essential characteristics of negligence: Duty, Breach of Duty, Harm, and Causation. Duty is established when the nurse patient relationship is started. Breach of duty is when nursing care...
    Premium 970 Words 4 Pages
  • Law in Nursing
    ). However, for the purpose of this assignment I have decided to focus on the issue of negligence under the following headings, Duty of Care, Breach of Duty and Causation. Duty of Care and Breach of Duty Registered nurses in Ireland are regulated by An Bord Altranais or The Nursing Board, which is a...
    Premium 1920 Words 8 Pages
  • Amputation Mishap
    present to prove malpractice (Guido, 2010, p. 93): 1. Duty owed to the patient Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Breach of the duty owed to the patient. The operating room...
    Premium 1386 Words 6 Pages
  • Nursing Case Study
    autonomy and to recognize duty of care owed to all parties Johnstone 2004). The report will discuss how Melanie legal responsibilities and if any breach of duty occurred. When a professional duty is breached there is a legal implication (Crisp and Taylor 2008). The nursing professions are bound by own...
    Premium 3766 Words 16 Pages
  • Amputation Mishap; Negligence
    patient, 3) injury caused by the breach, and 4) damages. Every staff member involved in this case had a legal duty to the patient to provide safe and quality care, to include the amputation mishap of amputating the wrong leg. The most important question is “would a reasonable surgeon in the same...
    Premium 1554 Words 7 Pages
  • Professional, Ethical & Legal Issues in Nursing Practice
    to judge whether or not the patient deserves treatment based on his/her behaviour (Wilmot, 1997). Breach of duty Breach of duty is “the failure to exercise the care and skills ordinarily used in like situations by skill members of nursing profession practicing their profession in a particular...
    Premium 3747 Words 15 Pages
  • Facebook and Nursing Case Study
    (Australian Nursing & Midwifery Council 2008a), which have been violated. These issues revolve around the concepts of confidentiality, duty of care, professional boundaries and practicing within your scope of competence (Bendow & Jordan 2009, p.52-71). Cameron’s breach of confidentiality is...
    Premium 4279 Words 18 Pages
  • Confidentiality and Mandatory Reporting
    health information. A nurse could be sued for breach of confidentiality or defamation. A professional nursing licensing body may institute disciplinary proceedings alleging that the nurse has breached the duty of confidentiality. According to the standards of conduct and scope of practice for...
    Premium 1154 Words 5 Pages
  • Negligence
    that the reasonable healthcare worker would have acted differently in the same situation. According to an article by Cornock, four elements must be proven to establish negligence, which are duty of care, breach of duty, harm, and causation (2011). Duty of care meaning that the healthcare...
    Premium 1193 Words 5 Pages
  • What is Tort Law
    attending in the right, legal manor. An example of a case that involves a breach of duty of care is Blake v Galloway [2004]. The neighbour test breaks down the duty of care into 2 relevant needs: reasonable foresight of harm and a relationship of proximity. Certain factors should be weighed in...
    Premium 1588 Words 7 Pages
  • Nursing Summary sheet
    property. • Elements of malpractice: duty owed to patient, breach of the duty, foreseeability, causation, injury, damage. • Nurse Managers are responsible for ensuring that standards of care are current in policy and that nursing staff follow the standards. • Issues that impact licensure and...
    Premium 1205 Words 5 Pages
  • Negligence
    physical injury occurred as a result of the nurse’s care or lack of care. Three main elements have to be proved in a nursing negligence case for a case to be valid. The three elements are; the nurse had a duty to perform, a breach in the standard of duty of care occurred, and a breach in the standard...
    Premium 1204 Words 5 Pages
  • Malpractice or Not
    . In this case 6 elements of nursing malpractice: 1. duty – the nurse must have a relationship with the client that involves providing care and following an acceotable standard of care. 2. breach of duty – the standard of care expected in a situation was not observed by the nurse -is the failure to...
    Premium 853 Words 4 Pages
  • Negligence
    /medical-negligence.htm Ethical Principles. (2011). Retrieved from http://nursingcrib.com/nursing-notes- reviewer/fundamentals-of-nursing/ethical-principles/ Williams, A. (2010). Negligence & Breach of Duty of Care. Retrieved from http://www.hg.org/article.asp?id=20316...
    Premium 635 Words 3 Pages
  • Negligence
    lacking in due care” (p. 92). An act is usually considered to be negligent when it is performed by a non- professional person (Guido, 2010). There are six elements which must exist in order for a specific act to be considered negligent. These elements are: duty owed to the patient; breach of the duty...
    Premium 1873 Words 8 Pages
  • Applying Ethical Practice
    a homeless situation for the teen. Making the school aware of the girls’ situation would also be breach of confidentially, and may even cause legal complications for the health care facility. The situation with the sex parties is not related to school activities, unless sex parties were occurring on...
    Premium 802 Words 4 Pages
  • Social Networking and Professional Conduct
    confidentiality and failure to do so is a breach of good medical practice and will attract sanctions The doctor and the nurse both owe a high duty of care to the patient. A Nurse, by virtue of her nurse/patient relationship does owe a duty of care to her patients. Whether a duty of care exists will be...
    Premium 1046 Words 5 Pages
  • Ethical Dilema at Mt Hope Hospital
    generally and enhance the confidence of the public more specifically." In its reasoning for dismissing the nurse and the enrolled nursing assistant, the Nursing Council of Trinidad and Tobago partly based their decision on, the breach of that duty of care. A breach of duty may consist of either an...
    Premium 4763 Words 20 Pages