Professional Negligence In Nursing

Jim and Ron may also face malpractice liability without regard to fault if the hot pack was dangerously defective. Malpractice liability occurs when the health care professional is held legally responsible for the patient’s injuries during the course of care. 2. The primary health care professional Ron (PT) may face primary liability. Jim (PTA) who was working under supervision of the primary health care professional

They each are liable for nursing negligence in a civil court. Because they breached the standards of care by failing to render the degree of care, skill, and judgment exercised by a prudent nurse under the same circumstances (Westrick, 2014). Jeffery Chambers, RN had an established duty to care for Yolanda Pinnelas and breached the standard of care as he was the primary nurse assigned to the patient. Diana Smith, RN mentioned to Jeffery Chambers, RN that Yolanda Pinnelas IV infusion was beeping. However, he did not take the time to check the nature of the problem.

Name That Liability The name of the responsibility is negligence due to falls of patients in intensive care unit. The liability may occur due to the medical staff that forget to put the brakes on the beds, put in a low position, the call light within reach and personnel items easily reach to every patient. These falls can bring a lot of injuries to patients and fractures (loss of continuity of bone tissue. It ranges from a small crack to total bone fracture displacement of the two ends of the bone fracture), trauma to the skull and face (injuries to the skull and face are especially important, since the intensity of the shock can affect the central nervous system (CNS), located within the cranial cavity), trauma to the extremities (as a result

As a nursing student I am taught how to document using special medical terminology, and the importance of documenting, however the article “Stay Out of Court with Proper Documentation” by Sally Austin confirms just how critical it is to be accurate, timely, and unbiased with patient documentation. Proper documentation not only helps keep the patient safe, but just as importantly protects the nurse should a lawsuit occur. Austin’s article defines the legal terms used in the more common lawsuit, negligence, involving nurses and how to avoid them. First, the patient must prove four things in order for a lawsuit to be deemed in their favor: A duty to the patient existed, a breach of duty occurred, the patient was injured, and lastly the injury

For instance, a physician might argue that the injuries were not the result of their medical care and that their care followed their medical professional standards. Alongside challenging the element of negligence, physicians might try to prove that the injuries the plaintiff endured were a result of their own negligence ("Defenses to Medical Malpractice", n.d.). For example, the injuries a patient receives can occur if they do not inform their physician their entire medical history. As a result, they can be prescribed medications or treatments that can cause adverse reactions or injury. This is especially true in instances where physicians may try unconventional forms of treatment to care for their

Specifically, the Code states: “In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately to disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold

What is duty of care in this context? It is the responsibility to avoid careless actions that could cause harm to one or more persons. Secondly, the plaintiff bears the onus to prove that the defendant failed to succumb to the proper standard of care that a reasonable person would have provided in a similar situation. Standard of care is a way of measuring how much care one person owes another. For example, doctors or nurses, have a high standard of care toward others than the reasonable person.

“Medical malpractice claims and lawsuits deal with Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. Negligence is the predominant theory of liability concerning allegations of medical malpractice, making this type of litigation part of Tort Law. Since the 1970s, medical malpractice has been a controversial social issue. Physicians have complained about the large number of malpractice suits and have urged legal reforms to curb large damage awards, whereas tort attorneys have argued that negligence suits are an effective way of compensating victims of negligence and of policing the medical profession. A person who alleges negligent medical malpractice

If nurses make mistakes, they have to admit it. In addition, Nurses have an ethical responsibility to keep their patients ' medical record confidentiality. Nurses shouldn 't release this confidential data to other persons. Furthermore, Nurses need to be trusted with a great deal of high profile information. A patient counts on a nurse 's professionalism and integrity to keep their medical information confidential.

One mistake can be caught on camera by those who are distrustful of nurses. Overall, Fowler article was extremely unsuccessful at pusadering her audience to take action and become a part of policy making in healthcare because of her structural errors and usage of irrelevant sources in a failed attempt to build credibility with her audience. Fowler’s structural weaknesses in her organization and thesis statement was not persuasive, thus leaving her readers confused. Fowler first begins her article with background information about her topic, stating the history of Nursing. She outlines extensive details about the founding of the code of ethics for three paragraphs, which was not necessary for her argument.

Provide an in-service to all nursing staff on IV infiltration identification and importance of treating, importance of accurate and timely documentation, importance of communication to providers, medications contraindicated in shock, and the duty of a nurse to speak up on behalf of a patient. Defendant Possible Legal Theory of Liability Actions Resulting in Possible Liability Short-Term Corrective Action Long-Term Corrective Action Dr. Moon Negligence Liability Actions that lend to a possible general negligence liability claim include: 1. Failed to follow Bay Hospital policy and procedure on evaluating staff prior to hiring which would have ensured Dr. Dick was trained, had the expertise, and demonstrated competence to provide care in the ED.

Some of the ways people get mistreated is things like misdiagnosis, unnecessary surgeries, premature discharge, not ordering the correct tests or not acting upon tests presented, not following up, wrong dosage or medication, leaving things inside the body after surgery, incorrect care in hospitals resulting in bedsores, persistent pain, or pressure ulcers (medicalnewstoday.com). Any of these or more can cause someone to want compensation, however some people don’t gain the money they deserve thanks to the fact that they either don’t have the money to go to court, wait too long, or don’t realize till it’s too late and the statute of limitations is up. Other times when they are brave enough making it to court they need a testimony from a medical personnel, however, they can’t find someone to testify (abpla.org). Usually most people don’t end up making it to court on the grounds that lawyers are expensive and the legal system can take a while, on the other hand, when a malpractice lawsuit is awarded there’s a great deal of money that the hospital’s insurance or the doctor’s insurance has to pay, the payment could be anywhere from hundreds to millions of

Negligence is when a nurse who is fully capable of caring does not care in the way a reasonably prudent nurse would, and as a result the

In addition, it is important for nurses to be accountable for their own behaviours, which relates to my situation. I did not stop to reflect my behaviour, as I was trying to complete the skill perfectly. By not creating a therapeutic relationship I put the client in a degrading position. My thoughts about this situation have improved after reading this article. It suggests new reflective exercise for the future, as well as describing how nurses have to trust the patient as much as the patient trusts them (Price, 2017).

Most important heads are: Negligence;Trespass to land; Nuisance;Trespass to the person; Defamation . Continental European civil law legislation Besides to the damage caused by the mentally ill; juvenile liability for damages; Fulfilling its duty at work the damage caused, the damage caused by the animal, the damage caused by defective products, and other tort2. A wrong is something that cause harm and damage to another person. the area or law is based on the following principles.