...University Health Rights & Responsibilities Professor: 11/24/2013 There may be a perception that doctors are held responsible for the majority of medical malpractice lawsuits, the reality is that nurses are frequently finding themselves defending the care they provide to patients. “Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation.” (Freemen, 134). Since I work in a hospital and I work closely with nurses on daily bases, I decided to discuss ways nurses can be held liable for negligence. Nursing malpractice occurs when a nurse fails to competently perform her/his medical duties and that failure harms the patient. There are a slew of ways that a nurse can harm a patient—from failing to notify a doctor when something is really wrong with the patient to administering the wrong drug. Like malpractice involving physicians, nursing malpractice happens when a nurse does not fulfill duties in a way that a competent peer in another location would do in the same situation, and that negligence injures the patient. In malpractice cases, often the key issue is who is liable for the nurse’s illegal action- the physician or the facility she work at, if that a nursing home, hospital, or clinic. Whoever is liable will be responsible for compensating the patient for the nurse’s fault. We need to keep in mind that sometimes unfortunate...
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...& Williams, D. R. 2011). There may be a perception that doctors are held responsible for the majority of medical malpractice lawsuits, the reality is that nurses are often finding themselves defending the care they provide to patients. “Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation.” (Fremgen, 2012). Since I work in a hospital and have the privilege of working closely with nurses on daily bases, I decided to discuss ways nurses can be held liable for negligence. Nursing malpractice occurs when a nurse fails to skillfully perform her/his medical duties and that failure brings harm to a patient. There are different ways that a nurse can harm a patient, from failing to inform a doctor when something is really wrong with a patient to administering the wrong medication. Like malpractice involving physicians, nursing malpractice happens when a nurse does not fulfill his/her duties in a way that a skilled colleague in another location would do in the similar situation, and that negligence injures the patient. In nurses malpractice cases, often the key issue is who is liable for the nurse’s illegal action the physician or the facility he/she works at, such as doctor’s office, hospital, nursing home, or a health center. Whoever is liable will be held responsible for compensating the patient for the nurse’s error, keeping...
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...Singapore Nursing Board Standards for Nursing Practice defines that Nurses/midwives have the professional responsibility and accountability to uphold Standard of care and to contribute to their dissemination, interpretation and development despite medical advances, social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client, they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues: Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis of chronic heart failure. He was ordered intravenous therapy by Dr Peter the medical resident. Nurse Su questions the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee, the medical officer. Nurse Su checks it with Nurse May before administration. Later, Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym. Identification of the ethical issues within the situation: Negligence Negligence is the breech of an obligation or duty to act with care, or failure...
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...Negligence In today’s busy health care industry nurses and doctors are pushed to the limit. We are asked to make life and death decisions in mere seconds. Society is also more aware of what they should expect from health care providers. This awareness demands health care providers not only provide excellent care, but also document the care they provide to ensure they are not subject to accusations of negligence, or gross negligence that can lead to malpractice suits. This paper will differentiate between negligence, gross negligence, and malpractice. In order to further examine these issues an article titled “Amputation mishap, negligence cited” from The Neighborhood News in which “Earlier this week, 62-year-old Joseph Benson underwent an amputation of his leg just below the left knee and only suffered one complication- the wrong leg was amputated” (Lowell, n.d.) will be discussed. This will include the determination of whether or not this example is a case for negligence, gross negligence, or malpractice. This discussion will also include the importance of documentation and its correlation to potential negligence, the ethical principles I would use to guide my practice in this situation, and how I would document to satisfy ethical and legal requirements. Most people do not understand the distinction between negligence, gross negligence, and malpractice. According to Guido (2010), a plaintiff must prove that there was a duty to the patient, that a breach of the duty owed to...
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... Abstract The delivery of care within the health care system is a challenge because of the changes that are influencing health professional, patients and health care organization. Nursing practice is governed by many legal concepts. It is important for nurses to know the basic of legal concepts, because nurses will be held accountable for making decision that can be harmful to patient’s health. Nurses most have a clear understanding of the law and how it affects nursing practice. Many of legal issues today require Nurses to use critical thinking abilities to practice safe nursing care, Safe Nursing care means to understand the legal boundaries within with nurses must function. The paper will help described nursing, legal issues nursing are facing today. Professional Nursing should know the legal limit which affects nursing practice. An understanding of the law bond with sound judgment should ensure safe and appropriate nursing care. Running Head: Professional Regulation and Criminal Liability Nurses are creative professionals who want to enjoy their work and achieve success in delivering the very best of care to their patients. All registered nurses in the United States are license by the board of nursing of the states the location where they practice. Most states require a number...
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...Identify and explain at least three legal considerations When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well. According to (Dictionary.com), negligence is defined as “the failures to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care” (2012). The proximate cause which led to negligence, was Identified when a nurse gave an incorrect medication to a patient who later died. Whether or not the patient died from this malpractice, the hospital was still liable for this tort. In addition, failing to administer proper care to patients directly impacts the patient-physician relationship, which by law can be a breach of contract. Physicians have an implied service agreement that is exercised as soon as they accept to render patients their services. This relationship can also be considered a breach of contract if a healthcare facility fails to give adequate services. The...
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...agreement must give and receive something of value in order for the written arrangement to be legally enforceable. The 'something of value' may be either something that the person actually hands over (that they would not otherwise be indebted to hand over) or some right that they give up (that they would otherwise have been entitled to exercise). Is the Hospital Negligent or are the nurses negligent? The question of which entity to bring the lawsuit against, the hospital or the care givers, typically depends on the working arrangement or relationship of the physician to the hospital. If the staff member, including support staff, was directly employed by the hospital then the hospital itself would be considered liable. In most situations the staff included as hospital employees would encompass lab and hospital technicians, emergency room staff, paramedics and nursing staff. Doctors and other medical specialists, including surgeons, are typically subcontracted under the hospital and therefore may be held liable rather than the hospital. In some situations the hospital is considered liable for the actions of the doctor or specialists even if they were not direct employees of the hospital. This includes cases when the doctor failed to follow standard treatment procedures or in cases of a misdiagnosis where the hospital failed to address areas of concerns with the doctor's professional performance. Lack of Appropriate Care If a hospital fails to...
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...July 29, 2012 Define Corporate Negligence Corporate Negligence occurs when any representative acting on behalf of a corporation brings harm either willingly or unintentionally to a third party, then the corporation can be held liable for proper standards of care not being upheld. An example would be that the hospital is responsible for ensuring the care and well-being of the patient while housed in the facility. If the patient does not receive the quality of care he or she is entitled to then this can be deemed negligence. Many nursing home patients that have been hospitalized have failed to be bathed, fed, or had their dressings changed within the appropriate time period. Another example is the case of Darling v. Charleston Community Memorial Hospital. This is a case in which the Illinois Supreme Court ruled in favor for the plaintiff showing that the hospital failed to give due process to the injured individual. Hospital facts presented shown that the young patient had a fracture of the tibia and fibula. A time frame of three years had passed since the attending physician treated a fracture. A consultation from a trained orthopedic physician was not obtained by the general practitioner and the attending physician set the plaster cast from the groin to toes on the plaintiff. The hospital failed to render adequate care to the patient for not having trained staff to notice and report the condition of gangrene, and the failure of the nurses not reporting the condition to the...
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...Introduction As professional nurses we often find ourselves faced with questions of ethics and legality when it comes to the care of patients. It is here that we find ourselves in the conundrum that is called nursing judgment. ”The basic level of problems concerns the dilemmas which arise for individual professional when they sense that there is a conflict between their private moral convictions and what they believe is required of them…” (Thompson, 1976). Nursing judgment is hard when so many factors are present, from the patient’s viewpoint, to the family/caregiver to the physicians ultimately in charge of the care. Many complicated scenarios can occur for the RN at any time and they must base their decisions on the ethical and legal guidelines that govern the nursing profession. Body In the world of nursing we are faced with ethical decisions on a regular basis but it is how we handle these situations that makes the difference. As a nurse we are bound by the guidelines of the code of ethics. The ANA (2014) states the “Code of Ethics for Nurses is a succinct statement of the ethical obligations and duties of every individual who enters the nursing profession. “It is the profession’s nonnegotiable ethical standard” and “an expression of nursing’s own understanding of its commitment to society”. In the case of the patient admitted with a hemorrhagic stroke whose family disagreed on the plan of care, the code of ethics outlines that the patient is our primary concern. When...
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...liability. Under the doctrine of apparent agency, the nurses and other staff that remained on duty acted on behalf of the hospital because they were agents or employees at the time of snow storm. The day shift staff that remained on duty and nurse who agreed to come in assumed the role of agents that were authorized to act on behalf of the hospital. I am the C.E.O. of the hospital, and even though I am on vacation, my duties are still the same as they always are. It is my responsibility to make that the hospital is properly staff in the event of an emergency or the event of inclement weather. This is my duty whether I specifically carry out this duty or I assigned someone else to do so. It is also my duty to make sure that the staff carries out the duty of care to the patients at the hospital. Therefore, under the doctrine of apparent agency, I can be liable for the actions of those agents or employees working at the time of the incident. Under the rule, the principal, me the C.E.O., is bound by the acts of my agents with the apparent authority which I knowingly permit the agents to assume, or which I hold the agents out to the public as possessing. “Agency may be express, or implied from the acts of the principal, from his silence or lack of action, or his failure to repudiate the agency, knowing that another person is acting on his behalf without authority.” (Pulido & Attnys., 2011) The captain-of-the-ship doctrine can be used in a case of vicarious liability or respondeat...
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...Law of tort is a civil wrong other than a claim for breach of contract; and for which a right civil action for damages may arise. Negligence is defined by Winfield and Jolowicz as “Tortious liability arises from the breach of duty primarily fixed by the law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages”. (Roger, W.V.H., 2006) In Malaysia, the law of tort is largely derived from common law in England. In the law of tort, negligence is the most widely used tort in the legal system. In order for a claimant who is seeking for remedy to successfully bring a claim in a negligence case, they must first prove these 3 factors: * The defendant held a legal duty against the claimant. Therefore, the defendant owed the claimant a duty of care. * The defendant had breach of that duty. * The claimant are suffering damages resulted in that breach of duty. These three factors will sometimes be shortened as duty, breach and damage. Duty of care This important factor of negligence came from a famous case of Donoghue v Stevenson (1932). In this case, the claimant, Ms Donoghue went to the Minchella’s Wellmeadow Café in Paisley with her friend. Her friend ordered a bottle of ginger beer that was contained in an opaque bottle. When she poured the remained ginger beer, a decomposed snail came out with her ice cream. Ms Donoghue became ill as she has consumed the contaminated beer. She could not sue the café under the rule of...
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...urgent admission and has notified the hospital. Peter refuses to go to hospital; he claims he cannot be forced to consent to this. The economic burden of mental health treatment in Australia is enormous. The Australian Institute of Health and Welfare reported that the national expenditure on mental health services in 2006-07 was estimated to be $4.7b (AIHW, 2009). Chronic mental illness can impact all aspects of a person’s life. Mental illness can be a debilitating barrier to goal establishment, realisation of self expectations and ultimately the perception of a meaningful life. Economic hardships and social problems such as stigma, isolation, loneliness and victimisation all negatively affect the quality of life of sufferers of mental health disorders. Furthermore, patients with chronic mental illness are at greater risk of co-occurring physical illnesses (such as hypertension or diabetes), reduced life expectancy, depression, suicide and substance abuse (Herzog & Shoemaker, 2010, p. 681). Mental illness is mainly attributable to non adherence to antipsychotic medication, which has consistently been...
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...people such as slapping them or dousing them with cold water. The most common reason given for not calling 911 or for delaying help seeking is fear of arrest and prosecution (Szalavitz, 2011). Who Does It Protected Most of the Good Samaritan laws are specifically made for the public and each law protects different individuals. A person will be protected under the Good Samaritan laws as long as he or she has good intentions to aid the victim to the best of his or her ability during a medical emergency. Under some Good Samaritan Laws, as long as medical personnel, such as doctors, nurses, or medical responders, are following normal procedures they also are protected under the Good Samaritan laws (HeartSafe America Inc, 2009). Under the Good Samaritan laws which grant immunity, if the good samaritan makes an error while rendering emergency medical care, he or she cannot be held legally liable for damages in court. However, two conditions...
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...There are many different legal aspects of nursing. The legal aspects are there to protect the patients. Nurses need to know these because it can put their license in jeopardy, fines, jail time or even worse, harm to a patient. Not only could you be in trouble because you did something, you could also be in trouble for not doing something. When working with patients that are sick or injured the last thing you need is to let something else other then there sickness or injury interfere with their healing or comfort level. By choosing to become a nurse you accept the laws and responsibilities that come along with it. As a Licensed Vocational Nurse the combination of legal principles, established laws, moral standards and ethical principles guide your practice of nursing. As a nurse you need to know these and how they affect the practice. There will be a lot ethical decisions that you will have to make during your career. By knowing the laws, this will help with the decisions you have to deal with. Laws prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior. It’s important for you to know the basic’s of the legal system, which will help protect you from wrong doing. There are two different types of laws. Civil and criminal. Civil laws are laws that violates a person’s rights, conduct at issue is detrimental to the individual and involves an offense that is against an individual. Civil laws purpose is to right...
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...Nursing Every day nurses are confronted with situations that lead them to question their ethics and the legal duties of their profession. Both dilemmas are presented for examination and discussion in this class via two scenarios. In the first case scenario, the family of a victim of a hemorrhagic stroke must decide what measures they want the hospital staff to take to either sustain her life or if they want to deny any or all life-saving steps. In this instance, the father and children are at odds in their decision. The next case presents malpractice lawsuit scene where a nurse is called to testify on behalf of the patient against the negligent nurse and hospital. While these situations are vastly different, they share two inherent questions: What is the ethical thing to do? What is the nurse’s legal obligation? Each case study produced different legal questions. In the first case study the family of the patient could not agree on a course of action. There was no advance directive and the patient was not conscious. The husband of the patient in this case is the legal next of kin and is therefore legally responsible for making health care decisions for his wife when she is unable to do so. The children of the patient could challenge their father in court. A court battle would prolong any treatment the husband may deem necessary for his wife. The nurse has an obligation to the patient’s family as well as the patient. In the second case study, a nurse is called to testify...
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