Preview

Negligence In Nursing Practice

Good Essays
Open Document
Open Document
954 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Negligence In Nursing Practice
ntroduction
Ethics is the study of different moral theories where its importance in nursing practicing is illustrated in the knowledge and competency that prepares nurses in examining ethical and legal issues in relation to their responsibilities, rights and moral role as a nurse. Through the study of bioethics, the nurse is able to develop a better understanding of the decision-making process that are made and assists with the application of moral theories within nursing practice (Burkhardt & Nathaniel, 2013).
With ethics also comes legal policies, legislation and statues that are relevant within the healthcare professional settings. The existence of law for health professionals serves to protect the public health to ensure nursing practices
…show more content…
Negligence falls under civil law as the plaintiff is entitled to seek monetary compensation from the defendant by reporting the incident or filing a complaint or case to the Australian Health Practitioner Regulation Agency (AHPRA). Plaintiff refers to the injured patient or the patient’s family members whilst the defendant refers to the healthcare professional or the …show more content…
If the plaintiff fails to prove one of the elements, the plaintiff will not be able to seek compensation for their injuries. The first element of negligence is duty of care. According to Grant & Diana Ballard (2011), a nurse has the legal duty to provide safe and quality nursing care at a competent level according to the nursing standards given that the therapeutic relationship has been established between the nurse and the patient. For this element, the plaintiff needs to prove that the risk of injuries caused by the defendant actions to the plaintiff was foreseeable by the defendant. Reasonable foreseeability is the main determination and proof for duty of care.
Although the nurse didn’t get to choose her own patient, however the nurse has a duty and responsibility to provide quality care and treatment to their patient when allocated to the patient. In this case scenario, the nurse had the responsibility and duty to provide pain management to the patient by administering pain relieve medication for Mr X. Although the nurse clearly understand Mr X was a diabetes patient and his conditions, however, she had made decision to take care of other patients first instead of focusing on Mr X condition. The risk of damage to Mr X at that moment was foreseeable by the

You May Also Find These Documents Helpful

  • Good Essays

    The care for MR. Ard was below standard of care. Mrs. Ard’s testimony of what happened the night of the 20th collaborates with the nurses logs of when Mr. Ard was checked on. The nurses brought in to speak as expert witness both agree that the care was below standard of care and steps were skipped in assessing Mr. Ard’s care. The nurse was contributory negligent. “A person who is negligent when that person does not exercise reasonable care for his or her safety, thus contributing to any injury sufferer” (Pozgar, 2012, pg. 125). The nurse was aware of Mr. Ard’s issues in the doctor’s notes, she was also made aware through constant calling from the wife of Mr. Ard, and not responding in a timely manner. According to Pozgar, the nurse did not have to be directly aware of the issues that may happen, but aware that something might happen and to keep an eye on the patient in case it did (2012). The Judgment by the court was granted towards Mrs. Ard in wrongful death, and I agree.…

    • 1345 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Nursing is a profession of helping others. Those who choose to work in healthcare never intended on harming. However, if harm does come to a patient proper policy and procedure should be followed after…

    • 2481 Words
    • 10 Pages
    Powerful Essays
  • Better Essays

    Hsa 515 Law and Health

    • 1411 Words
    • 6 Pages

    The first element that a plaintiff must prove is that the defendant owed him or her legal duty of care. Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not place them in situations of undue risk of harm. Proving this element will largely depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must then prove that this duty was breached. Generally, courts will use the standard of a ‘reasonable person’ when it comes to this question. Specifically, this means that the judge or jury must view the facts of the situation and decide what a reasonable person would have done in a similar situation. If this reasonable person would have acted differently than the defendant, it’s likely that it will be found that the duty was breached. Causation is the most complicated element of negligence. It means that the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of the duty of care. This element has confused even the most respected legal minds over time, and its proof should not be taken lightly. Last, a plaintiff in a negligence case must prove a legally recognized harm, usually in the form of physical injury to a person or to property. It is not enough that the defendant failed to exercise reasonable care. The failure to exercise reasonable care must result in actual damages to a person to whom the defendant owed a duty of care (FindLaw 2012). These damages can be actual costs such as medical expenses and lost income or intangible costs such as pain and suffering or loss of companionship.…

    • 1411 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Every medical professional has or will face some ethical and legal issues in the Medical Field, the Nurse Practitioners (NP) are no different. Fant stated that in an ethical dilemma there are no right answers or solutions; however, in these dilemmas there are no wrong answers either. Sule feels that the ethical issues for NPs are in consent and capacity, confidentiality and autonomy, and in the non-compliance on part of patient. Offredy and Townsend both feel that a breech in clinical governance and management can cause quite a few legal issues. As physicians are susceptible to malpractice lawsuits, NPs can be charged for the same as well.…

    • 1453 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Elements Of Negligence

    • 94 Words
    • 1 Page

    Negligence law states that a person or an organization is generally liable when they negligently injure others.…

    • 94 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Negligence Case Analysis

    • 613 Words
    • 3 Pages

    In the healthcare field accidents are bound to happen, but it’s how we deal with that accident that determines the outcome. In our note book on page 192 (Kjensurd, 2017), duty of care is defined as “an obligation to prevent harm”, which Nye could have done had she alerted the proper individuals when the incident occurred, but she decided to stay quiet, which lead to Mrs. Obers death, leading to the violated of the 3rd element of causing patient harm. Besides Nye, the nursing director Suzanne Kay Ruddell also violated the 3rd element. She failed to order x rays for Mrs. Ober even when she had multiple staffers stating that Mrs. Obers was screaming and crying in pain. Ruddell did not act accordingly, which put her patient in pain leading to the violation of patient care. The 4th element was violated when the actions taken by Nye’s and Ruddell lead to the suffering and death of Mrs. Obers and created an emotional burden for her family members. The case was eventually settled with the amount undisclosed to the…

    • 613 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    As nursing professionals we must be guided by the Code of Ethics, which governs and guides us in the right way we should behave as professionals. According to the ANA there are nine provisions that rule the practice of the profession. These are: Autonomy that is the right to choose what happens to our own self. One must be capable to comprehend completely the informed information to make a choice with the four important components liberty, self-determination, independence and agency. Beneficence is the action one take to promote good and the obligation to assist others. Is one of the core values in health care ethics. Nonmaleficence were one should not do any harm and or impose risk of harm. Veracity one should always tell the truth. Giving…

    • 286 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The patient’s mother, though not biological, has primary custody of the patient and will not consent to treatment while the biological father consents to treatment but lacks custody. The nurse has the responsibility to uphold the…

    • 1205 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Clinical Negligence Claims

    • 1552 Words
    • 7 Pages

    The importance of access to justice for clinical negligence claims was stated by Peter Walsh, chief executive of Action against Medical Accidents:…

    • 1552 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Health Care Policy

    • 312 Words
    • 2 Pages

    The four elements necessary to prove a negligence case are duty of care, breach of that duty, injury, and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care, performance, or observation imposed on one to safeguard the rights of others. This duty, for example, can arise from a relationship between a physician and a patient which may be as simple as a telephone conversation. Duty can also be established by contract or statute between a plaintiff and a defendant.…

    • 312 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Ethics is the discipline that waits in the wings as a health-restoring resource when moral guidelines fail to do the job alone. Ethics provides a language, along with methods, and tools for evaluating the components of personal, societal, and group morality to create a better path for yourself and others. Some of its most important uses are to clarify, organize, and critique morality to highlight what does and does not fit in a particular situation (Purtilo, 2011). A nurse cultivates personal ethics through personal, cultural, and spiritual values which becomes a moral compass for their professional ethics. Personal ethics in combination with the code of ethics often assist the nurses in personal and social decision making during ethical dilemma. This ability prompts them to better respond to needs of the suffering patient and their own well-being. Nursing ethics shares many principles with medical ethics such as beneficence, non-maleficience, and respect for autonomy. Nursing ethics however, can be distinguished by its emphasis on relationships, collaborative care and human dignity, because the health care climate is regularly changing, as is our society, it is crucial that nurses have a grounded understanding of ethics (Ward, 2012).…

    • 962 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Liability Paper

    • 1639 Words
    • 7 Pages

    To be able to understand and know what a words definition is describing we must know in nursing, the nursing standard that follows clinical words. In defining Liability one can say it means to be responsible of one’s action when committing to patient care. Nursing Liability standards puts every nurse to be an advocate of each patient they encounter. The American Nurse Association has their description of Professional Liability for nurses and they acknowledge that nurses must promote a safe environment, protect a patient’s health, and must be responsible for the delegation of patient needs to another nurse or unlicensed personnel, to be able to reduce any potential Liability. On the other hand Negligence is defined by the Joint Commission on Accreditation of Healthcare or JCAHO as a, “failure to use such care as a reasonably prudent and careful person would use under similar circumstances”, (Croke, 2003) 54. There are also six categories within Negligence that lead to a Malpractice Lawsuit. These categories can help nurses identify any weak areas they may need to work on to prevent a lawsuit or court case, but if a nurse is served with a complaint then it is important for them to also know how to handle the upcoming lawsuit professionally.…

    • 1639 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Wgu Paper Essay Example

    • 1538 Words
    • 7 Pages

    Registered nurses have a moral and legal responsibility to uphold a patient’s rights in relation to their personal health care. An important nursing standard of practice speaks to the registered nurse acting as a patient advocate.…

    • 1538 Words
    • 7 Pages
    Good Essays
  • Better Essays

    A final decision in Marianne’s case requires many considerations. Compassion, respect, and Marianne’s rights must be the focus. “The nurse…

    • 901 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    Personal Ethics Paper

    • 1104 Words
    • 5 Pages

    Catalano, J. T. (2000). Ethics in nursing. In (Ed.), Nursing now! Today 's issues and tomorrow 's trends (p. ). Philadelphia: Davis.…

    • 1104 Words
    • 5 Pages
    Powerful Essays