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30 Cards in this Set
- Front
- Back
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What is tort law? |
-involves the law of negligence. -law that deals with medical negligence. -is about civil wrongs (not crim wrongs). -may be committed w force/without force to the person or property in possession. -French for 'wrong' or wrongful act
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What is the law of negligence? |
-Fail to act as a prudent person would have acted/not providing duty of care that you are contacted to. (The Civil Liability Act (1936) SA, regulates some of the areas of medical negligence/sets out definition of duty of care/person negligence who is professing to particular skills) -Four elements |
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Who is a Plantiff? |
- 'Party' that initiates law suit by complaint with clerk of court against defendant (s) -Person suing |
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Damages: |
Ammount of money awarded to plaintiff in law suit. |
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Negligence: Professional Negligence: Malpractice: |
Failure to act as prudent person would have acted in situation Falls below professional standard due to care Fail of professional to use prudent care and cause or leads to harm/ |
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Four Elements of Negligence: |
-Duty of care owed to person harmed. In negligence case proof of: Duty must exist between injured party and person who allegedly caused injury. -Breach of duty: once legal duty is estab. injured must prove breach of duty occured. -If caused by breach of dity or promimate cause (aka breach was realted to injury to be held by the law to be the cause of the injury). Need to proove injury wouldn't have occured if right care was given (MOST DIFFICULT ELEMENT TO PROVE. -Damages arose from injury/harm. Must estab. actual damages occured 2 injured party and recog. and compensable by law. - |
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Duty of care: |
-Virtue by law and the nurses contact are to provide attention and care to the patient being treated |
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What is the law of proximity? |
What is next to |
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What is forseeable act? |
-used in tort law: limit the liability of a party to those acts which carry a risk of foreseeable harm (AKA) reasonable person predict or expect the ultimately harmful result of their actions. -Under negligence law, the duty to act reasonably to avoid foreseeable risks of physical injury extends to any person. -used to limit the award of special or consequential damages to those that are the predictable consequence of the breach of contract. |
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Standards of Nursing care estab. by: |
* The Australian Health Practitioner Regulation Agency (AHPRA) * The Nursing and Midwifery Board of Australia * The Australian Nursing and Midwifery Council * The accepted practice of nurses of the same training and experience * The organisational policies and procedures of the nurse's employer |
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Role of AHPRA: |
-responsible for the implementation of the National Registration and Accreditation Scheme across Australia. -Support public/works with Health Complaints Commissions -provides advice to the Ministerial Council about the administration of the national registration and accreditation scheme |
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Nursing and Midwifery Board of Australia: |
* registering nursing and midwifery practitioners and students
* developing standards, codes and guidelines for the nursing and midwifery profession * handling notifications, complaints, investigations and disciplinary hearings * assessing overseas trained practitioners who wish to practice in Australia * approving accreditation standards and accredited courses of study. |
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ANMAC: |
(Australian Nursing & Midwifery Accreditation Council) Peak national nursing body concerned with national standards and processes for the regulation of nursing within Australia * Development of accreditation standards* Accreditation of Australian nursing and midwifery programs leading to qualifications that enable registration as a nurse or midwife * Accreditation of Australian providers of nursing and midwifery programs * Assessment of, for the purposes of permanent migration, internationally qualified nurses and midwives * Developing, reviewing and providing policy advice on matters relating to accreditation and skilled migration of nurses and midwives |
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Enrolled nurse before entry of practice: |
-Assos. w registered nurse -Perform P.C.C as specified by licence to practice, eductational prep/context of care |
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Enrolled nurse duties: |
-Work under direction/supervision of RN -Responsible for own actions -Resposible for normal/abnormal finidings of assessment -Intervention/evaluation of indivd. health -Function status of client -On going communication with RN about patient -Education and promote independence -Plan/Evaluate care of patient inside/outside hospital -EN ability for ongoing self development |
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Result of nursing negligence claim? |
-Medication errors -Poor Communication -Faliure to give sufficient info on diagnosis and treatment -Fail to monitor/communicate findings -Fail to assess/diagnose |
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How to prevent medication errors/prevent omission and overdose: |
-Take your time -Use the medication sheet -Make sure you have a second oppinion -Make sure IV fluids are correct -WEIGHT PATIENTS -Record -Communicate
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Fail to give sufficient information can impact how? |
-Could make a court case because you did not give the client/patient information as to why he should stay at the hospital -Make sure you are thurer and don't rush |
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FAIL TO monitor and communicate findings: |
-Person might take a medication that leaves them confused: it is you repsonsiblity to communicate this and record this and let the RN know what is happening. -You have a duty of care no matter what and need to keep a close eye on the patient
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COMMUNICATION IS KEY: |
-Make sure your patient knows what is happening -Do not ignore people -Remain trusting and develop a respectful reltionship with the patient -Make sure if they ask "how can I trust you" that is my responsiblity and I am liable as a nurse to be lawful to my contract as I am to keep information relating you kept confidential and only myself and who ever if responsible for taking care of you are to acsess your information." |
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When you notice deterioration of a patients condition, you are to FIRST: |
-Tell the RN or Doctor about it immediately |
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Matters involving death: |
-Dies in hosp/dies and needs invesigation=coroners report -Coroner conducts investigation/does 'inquest' into death -Coroners Court presides over magistrate -Nurse can use ANMF is asked for evidence
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How are complaints handled? |
-Registration borad can take on if |
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Why have a code of professional conduct? |
-Standards of conduct nurses are suppose to uphold -Public can access and know expectations that nurses are to uphold these mandatory guidlines - |
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Conduct: |
-Activities considered as breaches of professional misconduct, unprofessional conduct, notifiable conduct |
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Unprofessional conduct: |
-Breach of registartion conditions -Convict of offence that may prevent ability to pratice -Influencing or attempting to influence conduct that can comprimise patient care. |
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Professional Misconduct: |
-Performing standard is lower than expected concidering the training/education they should know -Not being a fit/proper person to practice |
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Notifiable conduct: |
-If you do not report missconduct you can face disciplinary action from the board. -Intoxication/drugs whilest working -Impairment that increases public at risk -Sexual misconduct
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Part of the law of negligence is to state com munity expectations? FACT or FICTION? |
FACT! (TRUE!) |
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In matters involving professional conduct the most important priority is?? |
PUBLIC SAFTEY |
