Exam Flashcards
- Define Causation
A causal link between the breach of duty and damages suffered must be found for payment of damaged.
Define the good Samaritan principle.
Protects the rescuer from from unforeseen consequences of their actions and legal liability if they come to the aid of a person in need.
unforseen circumstances, legal liability
Define employee.
Not an independent contractor.
Someone directed by the employer as to what to do how to do it and when to do it.
Define vicarious liability.
When employees cause damages while working and cause harm to someone, their employer is responsible for paying for the damage. For example, if a nurse makes a mistake at the hospital and a patient gets hurt, the hospital has to cover the costs.
The hospital usually has more money than the individual
Define non-delegable duty of care.
Duty of care owed towards a group of people which cannot be assigned to somebody else, to ensure reasonable care is taken.
Think kids- cant just palm them off
What are the three elements of consent?
Must be given freely and voluntarily.
Must be informed and for a specific procedure/ treatment.
The person giving consent must have legal capacity.
free, informed, capable
What are the elements of legal capacity?
Must be able to understand and retain information.
Weigh up the information, balancing risks against benefits and the need.
Communicate their decision.
What is the nurses obligation surounding material risks.
Practitioners & nurses have a legal duty to warn patients of material risks associated with proposed treatments (Surgery could result in death).
What are the three ways consent can be given?
o Implied
o Oral
o Written
Elements of a consent form
Before a procedure, the doctor needs to explain the material risks to the patient in writing. Both the patient and the doctor have to sign and date this document. Only the doctor who’s treating the patient can signs the form, not nurses or admin staff. Nurses can witness the patient’s signature, but the doctor has to sign it first. This should be done when the patient is admitted.
Aspects of commmunicating with Linguistically diverse individuals.
o Need qualified interpreters from a recognised organisation.
o Don’t use friends or relatives outside of routine ADL’s.
o Preferable to have an in-person interpreter.
Minors- Gillick competence/ Mature minor test.
Minors can agree to medical treatment if they’re old enough and understand what’s proposed and express thier wishes. If they’re 14 or older and agree to treatment, they can’t later say it was done without their permission. But if they’re under 16, they can’t refuse treatment.
What do Intellectual disabled individuals need to gain consent?
Over 16 years of age require:
A legally appointed gradian
Enduring guardian appointed by the person whilst of sound mind. or
A “person responsible”
Mental health act
This law protects people who need care and protection to keep themselves or others safe. It outlines how they can be admitted, treated, and supported in mental health facilities to get better. It also respects their basic rights and provides ways to appeal decisions.
Elements of trespass to the person
o Assault
o Battery
o False imprisonment.
