Title

Negligence and the Duty of Care: A Case Study Discussion.

Authors

FOLEY, Melissa; CHRISTENSEN, Martin

Abstract

Nursing practice comes with an element of risk. The obligation of the duty of care and the implications in a breach of that duty are set in every nursing's governing body's professional codes, guidelines and standards of practice. The overriding ethical principles are to do no harm (nonmaleficence) and promote only good (beneficence). To meet the needs of nonmaleficence for example, the obligation is not only to prevent harm but also not to expose the patient to unnecessary 'harmful' risk. Medical negligence can be defined as the absence of due care and is often viewed as a departure from the standards of accepted practice. Medical negligence can be applied in two distinct situations -intentional and unintentional. This article will discuss the implications of medical negligence using a practice based case study as an exemplar to determine the potential liability, the grounds for negligence and consideration of a possible defence to a claim of negligence.

Subjects

AUSTRALIA; NEGLIGENCE; NURSING practice; CLINICAL competence; DELEGATION of authority; ACCIDENTAL falls; BONE fractures; HEMIPLEGIA; HIP joint injuries; LABOR discipline; LEGAL liability; MEDICAL preceptorship; NURSES; NURSING education; NURSING ethics; NURSING students; PATIENT safety; SCHOOL discipline; STROKE; STUDENTS; SUPERVISION of employees; LAW; EDUCATION

Publication

Singapore Nursing Journal, 2016, Vol 43, Issue 1, p7

ISSN

0218-2475

Publication type

Academic Journal