Failure to act in a manner that an ordinary person would act in similar circumstances, resulting in harm. A driver causing harm to passengers due to his carelessness.
Type of Negligence (profession negligence). A type of negligence, where a licensed professional fails to provide services as per standards set by the governing body. A doctor not performing her duties in accordance with medical standards, resulting in harm being caused to her patient.
Nurses can be found negligent if?
The nurse owed a duty the the pt.
The nurse did not carry out that duty.
The pt. was injured.
The nurse’s failure to carry out that duty caused the injury.
Every person is responsible for the wrong or injury done to another as the result of carelessness
Requiers the nurse to resume responsibility for pt. harm and injury that is a result of negligent act.
Nurses cannot be relieved of liability by another professional, such as MD or nurse manager.
Damages ca be levied against current assets and future earnings.
Negligence that indicates disregard for the safety, well-being or life of an individual; behavior that demonstrates a complete disregard for another. Usually results in serious harm or death. (Ex. administering five times the dose; nurse does not use pt identifier)
A legal concept that means extreme carelessness showing willful or reckless disregard for consequences to a pt.
Res ipsa loquitur (the thing speaks for itself)
When the negligent act clearly lies within the range of a jury’s common knowledge and experience, the doctrine of res ipsa loquitur may be applied. (Ex. If a surgical instrument is left in the pt body and causes harm to the patient. This does not require expert knowledge that this action was wrong by the provider, so res ipsa loquitur can be used to make a decision)
Being responsible for one’s actions; a sense of duty in performing nursing tasks and activities.
A published false statement that is damaging to a person’s reputation; a written defamation.
Refers to an injury to one’s reputation caused by spoken words.
Emergency Medical Treatment and Active labor Law (Antidumping Law)
All persons presenting for care must receive the same treatment and be stabilized, regardless of their financial status or insurance coverage, before discharge or transfer.
American with Disability Act
To end discrimination against qualified persons with disability by removing barriers that prevent them from enjoying the same opportunities available to persons without disability. (Ex. a healthcare facility must provide accommodation for pt. with hearing, vision, or handicapped patients)
Patient Self-Determination Act
To support patients in expressing their preference about medical treatment and making decisions about end of life care. Requires federal funded health care facilities to give written notice on admission of their decision making rights and policies regarding advance directives.
Health Insurance Portability and Accountability Act (HIPAA)
To ensure confidentiality of the pt health information. (
Ex. nurses use social media and talk or take pictures of their patients)
Child Abuse Prevention and Treatment Act
Requires report of specific health problems and the suspected or confirmed abuse of infants or children.
Refers to an individual’s desires regarding end of life care. The right to refuse medical treatment when there is no hope of recovery. Is usually a part of the living will
Durable Power of Attorney
The patient authorizes a person who will make the day-to-day and final end of life decisions once he or she is decisionally incompetent.
The M.D or NP has a duty to disclose information so that the patient can make intelligent decision.
Nature of the therapy or procedure
Expected benefits and outcome of therapy
Alternative therapies to the intended procedure and their risks and benefits.
Risks of not having the procedure.
Nurses for responsibility when a patient is Leaving Against Medical Advice
Aggregate the current condition and complicate further care.
Result in permanent physical or mental impairment.
Results in complication leading to death.
In the case of a competent elder, prompt notification of the immediate family also would be reasonable and prudent action.