Negligence is the breech of an obligation or duty to act with care, or failure to act as a reasonable or prudent person under certain circumstances. Actual loss or harm must occur in order for negligence to be considered. If loss or harm has occurred as a result of negligence, the act is considered a tort, and damages may be recovered (money or form of compensation awarded by law as the result of the negligent action).
Torts are willful or unintentional wrong doings committed by one individual to another. Negligence is often caused by conduct that is unintentionally or intentionally reckless, careless, or dangerous, or by avoiding responsibilities all together. Malpractice is when a health care provider fails the give adequate care which is considered standard practice for what they have been trained or educated for.
It is caused by negligence to the patient that may result in injury and in some instances death. Nurses have various responsibilities to their patients including monitoring vitals, administering medication, providing treatments, and notifying the doctor with serious concerns. Failure to perform these or any other standard nursing tasks in an appropriate manner can result in harm of the patient, which can be taken for malpractice. In order for a healthcare professional to be accused or found guilty of malpractice they must be deemed responsible for or given the duty of the patients care.
It also has to be found that the harm was done by the healthcare professional’s failure to perform their duties to the individual. Liability is defined as the condition of being subjected to an obligation. Nurses are subjected to numerous professional and legal obligations and duties for which they are held accountable for. Some of the nursing liabilities and the safeguards to prevent them include: Civil, which refers mainly to nursing negligence. This could result in a civil suit brought on by an employer or a patient for failure to perform appropriate nursing care or act as a prudent professional. Nurses should always try to perform their duties safely, accurately, and to the furthest extent so there is no room for negligence.
The Essay on Negligence and Duty of Care
Scenario: As pedestrians exited at the close of an arts and crafts show, Jason Davis, an employee of the show’s producer, stood near the exit. Suddenly and without warning, Davis turned around and collided with Yvonne Esposito, an 80-year-old woman. Esposito was knocked to the ground, fracturing her hip. After hip replacement surgery, she was left with a permanent physical impairment. Esposito ...
Criminal, Which refers to an action brought on by the law for criminal conduct by a nurse. This includes abuse and neglect and stealing selling or using illegal drugs. All reports or observations of abuse or neglect of any patient should be documented appropriately and the proper individuals should be notified. Employment, refers to disciplinary action taken against a nurse for violating a employer’s or a company’s policies and procedure.
This can be avoided by staying up to date on in services and up holding effective communication between staff. There should be a clear and concise understanding of what is being communicated at all times. By knowing your companies policies and procedures you have guidance on how task should be completed and how situations should be dealt with. Administrative liability can be caused by violating nursing laws or rules. This can also be avoided by implementing exceptional nursing care and providing patient with privacy and confidentiality.
