Negligence Duty Of Care

Decent Essays
The knowledge of the principles of negligence law would allow nurses and doctors to better respond and asses difficult and potentially litigious situations. It is important to remember that it is in the interests of us all to have the maximum freedom from legal intervention. The duty of care needs to be established in order to determine who is legally responsible for the harm or loss suffered. Within the general healthcare setting, a nurse or doctor will owe their patient a legal duty of care (Tingle, 2002).
Nurses have to stay vigilant especially when they receive patients that require extra attention. The result of negligence when handling patients is a huge deal as it involves the matter of life or death for some cases. The issue of negligence
…show more content…
Mr Nathan, the schizophrenia patient was not properly reviewed by the night medical officer. She did not follow the code of ethical conduct. He had displayed signs of aggression upon his admission and she tied the patient without following the hospital protocol. Putting the patient on restraint prevents him from being able to move freely. All restraints have to be very necessary before they are used. Before they are used, many other things have to be tried to keep the patient safe. These things are called preventive measures. These measures prevent the use of restraints for many patients. Only when these preventive measures do not work and the patient is still in danger of hurting himself or other people then a restraint is sometimes used (Burke, 2010).
A common example of breach of duty in medical malpractice includes the failure to diagnose to treat physical and mental complications (Tan, 2002). Because she was shorthanded she was not able to perform any preventive or alternative measure to calm the patient down before doing a physical examination upon his arrival. She decided on putting him to 4 points as she had 3 other cases to attend to. She had also forgotten to do a proper follow up with him once the aggression phase is
…show more content…
After being admitted, the patient vomited a few times in the ward and had another fall on the fifth day when he was about to be discharged. He fell and became unconscious and was rushed to the emergency department at TTSH. It was there when the patient was diagnosed with cerebral haemorrhage. An emergency neurosurgery had to be performed. Mr Nathan passed away and the post mortem showed that there had been continuous bleeding for few days in the brain which resulted in the complication of the emergency neurosurgery which could lead to the cause of death of the patient.
The family came to know about this and sued the hospital and demanded for compensatory damages. Compensatory damages can be split into two categories, special or general damages. The family filed for general or non-economic damages which can also be called non-pecuniary damages. These provide payments for general pain and suffering, and loss of consortium, loss of love (Tan,

Related Documents

  • Decent Essays

    The infection continued to worsen, but the doctors could not determine the location of the infection. As the infection worsened, Gragg’s condition declined sharply. On January 22, 2010, Gragg was transferred to the ICU or Intensive Care Unit. A day later, January 23, 2010, Gragg had a complete heart blockage. This blockage created a stroke caused by a blood clot traveling to her brain.…

    • 1932 Words
    • 8 Pages
    Decent Essays
  • Decent Essays

    Four days before his death Poe was found in a crazed state of mind. In obvious need of assistance due to his illogical behavior he was taken to the Washington Medical College. Before his death He was unable to tell anyone how he became such a way. Some blamed it on his bad habits such as drinking and drugs while others contribute to an attack. During these time people were at times forced to vote for a particular candidate and would use unorthodox means to get their vote such as violence and drugs.…

    • 1738 Words
    • 7 Pages
    Decent Essays
  • Decent Essays

    Body scans revealed the same results on a worsened level. The verdict was a ruptured appendix. Todd and Colton’s mother, Sonja, became furious. They had been sitting around for five days when they could have been saving their son this whole time. Colton was rushed into surgery…

    • 913 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    This time the pain was worse, it spread from her legs up to her arms. She was taken to a different hospital. They ran a test on her showing signs of a heart attack and that she may have been threatening another one. We were told by the doctor that if she had not vomited up the food she had eaten she would be dead due to choking. She was transferred to another hospital that could better treat the condition.…

    • 1017 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Everyone makes mistakes because that is our human nature, but nurses should be upfront and honest about the mistake. Also, staff safety is very important in the hospital realm. Many nurses will encounter violence, infections, chemical exposures, and much more. The American Nurses Association implied six standards that would help safe patient handling so that the nurses and team members are safe as well. “Two of the six standards are establishing a culture of safety and implementing and sustaining a safe patient handling and mobility program.” (Finkelman & Kenner, 2016, p. 388) Chapter twelve made me realize that quality improvement and safety play a big role in nursing because patients can get out a hand and cause the nurses and team members to be in danger.…

    • 933 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    One of the ways in promoting autonomy is the informed consent where clients are informed of the procedures to be taken, the risks, the possible outcome and some alternatives where they can either accept or refuse freely. It is also part of their right to be informed and be educated in the care that they will receive as we cater their health needs. As for the minors and mentally-ill patients, it is almost the next of kin who sign the informed consent and in some cases parentalism is being followed where the health professional does the decision making. A problem to be avoided in the observance of patient autonomy is when we nurses assume that the patients has the same values and goals as ours that might lead to wrong conclusions. Secondly, nurses should also aware that every person has different thought processes.…

    • 953 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Also the boundaries exist for when a nurse has taken power onto themselves. They have then done something not within concordance of the professional boundaries. "They have greater power because of their authority and influence." Disciplinary action can then follow if the breach of the boundaries is serious enough. This can mean we must always be vigilant in any interactions with patients and gifts.…

    • 962 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    Nursing Self-Care

    • 927 Words
    • 4 Pages

    This conspicuous required high physical and mental liveliness. In case, if the nurse is psychological very weak, she will be occupied effortlessly from performing her duties. Patient safety is always being the significant concern for all nurses, irrespective of their specialty. As indicated by Occupational Safety and Health Administration, nurses' exhaustion and stress increment induces medication errors and patient infections. In this way, embracing self-care practices will help nurses’ physical and…

    • 927 Words
    • 4 Pages
    Decent Essays
  • Decent Essays

    It is also very important to engage your patient in their health care. It is important that they know to ask questions, write down notes, ask about lab results, and medication instructions. The patient most definitely plays a role in his or her own safety. The nurse should always be educating their patient and encourage them to go to follow-up visits to avoid future rehospitalizations.…

    • 1493 Words
    • 6 Pages
    Decent Essays
  • Decent Essays

    However, Orem’s theory could also be applied to nurses. “You cannot keep giving to others if you do not give to yourself, first” (Lobell, 2001). Nurses are taught to care for others; it is intrinsic in their life purpose yet, nurses are often reluctant on caring for themselves and are having difficulty finding time and tend to their own needs. Nurses should assure and foster their individual security to efficiently attend to their patients and perform at an optimal level. Protecting themselves from the adverse effects of these hazardous chemotherapy agents by…

    • 393 Words
    • 2 Pages
    Decent Essays