report.legal responsibilities of nurses
TRANSCRIPT
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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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