report.legal responsibilities of nurses

8/3/2019 REPORT.legal Responsibilities of Nurses

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Jennifer Anne Zaide

BSN iv2


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disregard

leave unattended to


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Unintentional act or failure to act

as a prudent person resulting to

harm to another


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commission or omission of an act,

pursuant to a duty, that a

reasonably prudent person in the

same or similar circumstance would


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or would not do, and acting or the

non-acting of which is the

proximate cause of injury to

another person or his property


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"failure to use such care as a

reasonably prudent and careful

person would use under similar

circumstances." (JCAHO)


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A more general term referring to

a deviation from the standard of

care that a reasonable and

prudent person would use in a

particular set of circumstances


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The average judgment, foresight,

intelligence, & skill that would be

expected of a person with similar

training and experience


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(+) negligence fail to

meet standards

(-) negligence meets

standards


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Law of negligence is part of what

is known as tort law

tort French, means wrong


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In this case a mother made a

routine prenatal visit to the

hospital. While in the waiting room


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the mother complained to the nurse

of severe abdominal pain. Over

the next hour and a half the

mother complained of pain five


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times, and each time was told she

would have to wait to be

examined. When the mother wasfinally examined the fetal HR was


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only 60-70 bpm. An emergency

caesarean was performed but the

baby was born severelydepressed and hypoxic and


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developed seizures within the first

hour. The hospital settled this case

for $2M for severe brain injury tothe newborn infant


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1.Duty

2.Breach of duty

3.Causation

4.Damages


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Easiest to prove

Nursing standards: internal or

external


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Injured party must prove that a

breach of duty has occurred

Involves the matter of foreseeability


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Injury must have been actually

caused by the breach of duty

Most difficult to prove


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to recover damages, actual

damages must have occurred to

the injured party


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Article 19 of the Civil Code

Article 20 of the Civil Code


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Burns

Objects left inside a persons body

falls


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Failure to exercise the degree of

diligence which the circumstances

of the particular case demands


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Failure to report observations

Mistaken identity

Wrong med., wrong conc., wrongroute, wrong dose


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Defects in equipment that mayresult in injuring patients

Errors d/t family assistance


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Administration of medicine without

a doctors prescription

Sample case: A case of

negligence was filed against a


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puericulture center nurse in 1979

for injecting Penstrep to a boy who

had a swollen foot. The nurseinformed the parents that she was


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not a doctor. Upon insistence of the

parents to have their child treated,

she informed them that the doctorusually gave Penstrep injections in


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such cases. She injected the

medicine without a doctors

prescription. The boy died ofcardiorespiratory failure


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secondary to anaphylactic shock

d/t the injection of the drug. The

nurse was found guilty as charged.


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1. Res Ipsa Loquitur

2. Respondeat Superior

3. Force Majeure


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the thing speaks for itself

Injury is enough proof of

negligence


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3 conditions are required to

establish defendants negligence:

1. Injury of such nature wouldnt

occur unless there was negligence


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2. Injury caused by agency w/in

control of defendant

3. Plaintiff did not engage in anyway that would bring about injury


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The presence of sponges in the

patients abdomen after an

operation


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let the master answer for the acts

of the subordinate

Liability expanded to include master


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an irresistible force


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improper or unethical conduct or

unreasonable lack of skill by a

holder of a professional or officialposition (JCAHO)


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Malpractice is a cause of action

for which damages are allowed.

(JCAHO)


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Stepping beyond ones authority

with serious consequences

Term for negligence or carelessness

of professional personnel


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Lesnik (1962) Malpractice is used

properly only when it refers to a

negligent act committed in thecourse of professional performance


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To determine what is and what is

not careless, the law has

developed a standard of carewhich can be determined by


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deciding what a reasonably

prudent person would do under

similar circumstances


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Giving anesthesia by a nurse or

prescribing medicines


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