Week 2 - Negligence, Duty of Care, and Professional Responsibility in Nursing Flashcards
(33 cards)
What is a tort?
A civil wrong made against a person or property; a wrongful act or an infringement of a right leading to legal liability.
What is the difference between a tort and a crime?
- Tort: civil wrong, individual harm, compensation.
- Crime: public wrong, community harm, punishment.
What is negligence?
A failure to exercise reasonable care and skill; involves carelessness, not intentional harm.
What is the core idea of negligence?
People should exercise reasonable care when acting, considering the potential to foreseeably cause harm to others.
What is the tort of negligence?
Injury resulting from another’s act or omission that falls below an expected standard of care (e.g., negligent advice).
What are the elements of negligence?
- Duty of care
- Breach of that duty
- Injury or damage
- Foreseeability.
What must a successful negligence claim prove?
A causal link between breach of duty and the damage suffered.
What is duty of care in nursing?
A duty to ensure acts/omissions do not cause foreseeable harm; to meet the expected standard of a registered nurse.
How is professional duty of care measured?
By widely accepted Australian peer professional opinion—must not be irrational, and need not be universally accepted.
Who does a nurse owe a duty of care to?
Patients and others affected by the nurse’s actions, based on the neighbour principle.
When can a nurse’s duty of care begin?
Before treatment starts—for example, when a patient presents to ED.
When does a nurse’s duty of care end?
When all reasonable acts have been completed.
Do nurses owe a duty to third parties?
Yes—especially if third parties may be injured by a mentally ill patient due to negligent care.
How is breach of duty assessed?
By comparing delivered care to the minimum expected standard.
What damages result from breach of duty?
- Personal injury
- Mental harm
- Loss of enjoyment or opportunity
- Financial loss
- Death (includes funeral costs, etc.)
What conditions make harm foreseeable?
Risk must be foreseeable, significant, and a reasonable person would have taken precautions.
What is needed to prove causation in negligence?
A necessary connection between breach and harm, including what the patient would have done if no negligence occurred.
What are some defences to negligence?
- Good Samaritan
- Volunteer work
- Outright denial
- Contributory negligence
- Failure to mitigate loss.
What additional defences may apply?
Voluntary assumption of risk, second negligent act, criminal activity by complainant, substance use.
What remedies are available for negligence?
Usually monetary damages; occasionally court orders or injunctions if damages are inadequate.
What is the Good Samaritan Principle?
Legal protection for rescuers who assist in emergencies from unforeseen consequences (except recklessness).
Is a nurse legally obliged to help in an emergency?
No, but if they do, they are held to a rescuer’s standard—higher if they identify as a nurse.
Are doctors held to a different standard?
Yes—doctors are obliged to identify themselves and render aid if safe.
What defines an employee vs contractor?
Employees are directed in how, when, and what to do; receive wages, tools, entitlements.
