Negligence, Deontology + utilitarianism, PDPA

Question 1

3 Common tort examples in nursing:
- surgery without _
- failing to _ patient consequently suffering from damage
- breach _

Answer 1

• surgery without consent
• failing to monitor patient consequently suffering from damage
• breach confidentiality

Question 2

PDPA Section 13

Answer 2

Consent is required to collect, use and disclose data

Question 3

PDPA Section 14

Answer 3

No deceptive or misleading practices, and individuals can withdraw consent given earlier

Question 4

What does the Personal Data Protection Act govern?

Regarding the individual?
Regarding the organisation?

Answer 4

• Governs the collection, use and disclosure of personal data by organisations in a manner that recognises both the right of the individual to protect their personal data
  and
• the need of organisations to collect, use or disclose personal data for the purpose that a reasonable person would consider appropriate in the circumstances

Question 5

What is Personal data?

Answer 5

• Data whether true or not, about an individual
• who can be identified from that data;
• or from that data and other information to which the organisation has or is likely to have access

Question 6

Ethical consideration in collecting personal data

Answer 6

Accountability:
ensure and demonstrate compliance with pdpa

Question 7

What is Tort?
Think negligence in civil law

Answer 7

• an act or omission - rise to injury or harm to another
• civil wrong - courts impose liabilities
  injury or harm - physical but can be mental and emotional

Question 8

In Civil Law, Negligence falls under the category of?

Answer 8

Unintentional Tort

Question 9

list 3 examples of unintentional tort

Answer 9

• slip and falls
• medical malpractice
• workplace accidents

Question 10

Define negligence in the context of nursing + 4 elements

Answer 10

*most common of civil lawsuit- unintentional tort
*failure to use such care as a reasonably prudent and
careful person would use under similar circumstances

4 elements:
*The defendant owed the plaintiff a legal duty of care
*There was breach of this legal duty of care
*Damage is caused as a result of the breach
*There must be a direct cause and effect to the damage

Question 11

Who else can be liable? What is the term used here?

Answer 11

The hospital can be liable, termed Vicarious Liability

• employers are vicariously liable in the event of a claim
  arising out of acts or omissions of employees
• however clinical staff remain independently accountable for their professional judgement and actions

Question 12

2 angles of informed consent

Answer 12

Ethical: human autonomy
legal

Question 13

What are good documentation practices?

Answer 13

• accurate and comprehensive
• contemporaneous
  *factual
• promptly recorded
• deviations must be documented
• use abbreviations with discretion
  *if handwritten – use non-erasable ink
• consistent with the institutions requirements

Question 14

Intentional torts (4)

Answer 14

Assault, battery, false imprisonment, intentional infliction of emotional distress