Negligence can be defined as a failure to take reasonable care or steps to prevent loss or injury to another person. Nursing negligence is when a nurse who is fully capable of caring does not care in a way that a reasonably prudent nurse would and as a result the patient suffers unnecessarily (assumed 2014) . Historically, cases of negligence usually involved surgeons and doctors but in recent years cases involving nurses are becoming more common. More than thirty years ago nurses were not concerned about medical malpractice , “but these days a growing number find themselves in litigation, either as part of a legal action against a facility, or increasingly as an individual defendant” (Philips, 2007). Nurses involved in lawsuits are at a high
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The opportunities for negligence to occur are practically limitless so nurses have to be vigilant at all times. A case of negligence can only be determined in a court of law. The four main factors taken into consideration when proving negligence are duty, breach of duty, damages and causation. When a nurse becomes involved a patient’s care an element of care is established. A patient has the right to expect and is entitled to certain standards of care. A breach of duty occurs when these standards of care was not exercised when caring for the patient. The injury suffered by the patient must be as a direct result of the nurse’s actions. A very simplified example would be a patient falling out of bed and breaking his/her hip because she was left unattended by the nurses with the bed rails down in a hospital that had a policy that states “bed rails must be in the up position at all times”. In this scenario the patient was a victim of neglect because he/she suffered a broken bone as a direct result of the nurse’s actions. A reasonable level of care was not provided. Negligence in nursing affects everyone concerned. The patient can suffer physical, emotional and financial losses if their injuries prevent them from working, …show more content…
Unfortunately negligence in nursing does occur and it can be intentional. A very disturbing case was highlighted in Ireland. Recently RTE Prime Time investigates showed a documentary which purported to reveal scenes of abuse at a care home “Aras Attracta” in Swinford Co. Mayo. The video footage that was recorded secretly showed instances of slapping, kicking, force feeding and emotional abuse directed at female residents (The Irish Times 15/08/2015). The most senior employee taken off duty was a clinical nurse manager. The H.S.E. placed three other members of the nursing staff off duty with pay. Sic members of staff were later charged with assault. Minister of State for Primary Care Kathleen Lynch said she was “shocked and distressed” by the footage. As a result of the documentary Gardaí in Claremorris launched a full scale investigation. A file was forwarded to the Director of Public Prosecutions. Gardaí have confirmed that there will be prosecutions as a result of the investigations and summonses against five individuals are pending (Irish Independent
The opportunities for negligence to occur are practically limitless so nurses have to be vigilant at all times. A case of negligence can only be determined in a court of law. The four main factors taken into consideration when proving negligence are duty, breach of duty, damages and causation. When a nurse becomes involved a patient’s care an element of care is established. A patient has the right to expect and is entitled to certain standards of care. A breach of duty occurs when these standards of care was not exercised when caring for the patient. The injury suffered by the patient must be as a direct result of the nurse’s actions. A very simplified example would be a patient falling out of bed and breaking his/her hip because she was left unattended by the nurses with the bed rails down in a hospital that had a policy that states “bed rails must be in the up position at all times”. In this scenario the patient was a victim of neglect because he/she suffered a broken bone as a direct result of the nurse’s actions. A reasonable level of care was not provided. Negligence in nursing affects everyone concerned. The patient can suffer physical, emotional and financial losses if their injuries prevent them from working, …show more content…
Unfortunately negligence in nursing does occur and it can be intentional. A very disturbing case was highlighted in Ireland. Recently RTE Prime Time investigates showed a documentary which purported to reveal scenes of abuse at a care home “Aras Attracta” in Swinford Co. Mayo. The video footage that was recorded secretly showed instances of slapping, kicking, force feeding and emotional abuse directed at female residents (The Irish Times 15/08/2015). The most senior employee taken off duty was a clinical nurse manager. The H.S.E. placed three other members of the nursing staff off duty with pay. Sic members of staff were later charged with assault. Minister of State for Primary Care Kathleen Lynch said she was “shocked and distressed” by the footage. As a result of the documentary Gardaí in Claremorris launched a full scale investigation. A file was forwarded to the Director of Public Prosecutions. Gardaí have confirmed that there will be prosecutions as a result of the investigations and summonses against five individuals are pending (Irish Independent