Legal Principles to be established in Mr. Jed’s Negligence Claim
Discuss about the Nursing Case Study for Medical Principles and Practice.
Negligence in nursing can be described as a situation where a fully capable nurse who is tasked with the responsibility of providing care does not accomplish their duties in a manner that a reasonably careful nurse would. This lack of prudence in caring may lead to an injury or harm to the patient (Brown, Edwards, Seaton & Buckley, 2017). The Nursing and Midwifery Board of Australia has sets the standards that regulate the practice of nurses. Patient safety should be the number one priority of a registered nurse and therefore negligence is legally and ethically wrong (Nursingmidwiferyboard, 2018). We are presented with a scenario in which the nurse puts the life a patient at risk through negligence. In this essay, we will talk about the legal principles that will be used to establish the negligence claim presented by Mr. Jed. Additionally, the essay addresses the way in which the standards of care are determined by the law. Finally, we will talk about the possibility of Mr. Jed successfully suing the hospital.
When a registered nurse acts in a careless manner and causes harm or injury to a patient like in the case of Mr. Jed, under the principles of negligence the nurse is legally responsible for the resulting injuries. According to Australia’s Nursing and Midwifery Board, a patient who feels that he/she has suffered injuries due to the negligence of a nurse can decide to file a negligence claim against the nurse and the hospital (Zaccagnini & White, 2010). While bringing this negligence claim, the plaintiff must be able to establish some principles of negligence in order to win the case and get a compensation for the injuries caused (Alexander & Alexander, 2011). There are 4 basic elements of the negligence claim that include the duty of care, breach, causation, and damages.
The duty of care is the first principle of the negligence claim. It implies that the defendant, who is the nurse in our case, owed Mr. Jed a legal duty to provide him with competent medical care and therefore had to act in a certain manner to ensure the safety of Mr. Jed (LeMone, et al., 2015). The second, principle that must be established is a breach of the duty of care. It may not be enough for Mr. Jed just to prove that the nurse owed him a duty of care, he has to prove that the nurse breached this duty of care. The nurse may be judged to have breached a duty of care towards their patient by failing to exercise prudent care in accomplishing the duty (Oyebode, 2013). The third element of negligence is known as causation. This principle requires Mr. Jed to prove that the nurse’s breach of the duty of care was the actual cause of his injuries. The fourth element of negligence is referred to as damages. This principle demands that Mr. Jed proves that the negligence of the nurse caused him actual harm (Tingle & Cribb, 2013). The court is then requested to compensate the complainant for the injuries caused. Usually, this compensation is in monetary form to help in covering the medical expenses.
The Standards of Care Required of a Nurse
Standards of care in nursing may be defined as the established practice that is deemed as appropriate within the healthcare setting. These standards are very important in the nursing practice since they recognize the crucial roles plaid by registered nurses in healthcare. The Nursing and Midwifery Board in Australia sets the standards of registration in addition to the professional codes, guidelines, and practice that govern competent and safe practice. Additionally, this board helps in clarifying their expectations on a range of issues. Every nurse has to meet the mandatory standards set by the board before they can be registered (Nursingmidwiferyboard, 2018). The Nursing and Midwifery board expects that all nurses practice with respect to the relevant standards of competency and decision-making frameworks.
The National Board sets the standards for registration and the professional codes and guidelines that help to determine the standards of practice of registered nurses. These standards are then maintained in a manual of policies and procedures. The courts have further given the board of nursing the authority to regulate the practice of the nurses (Meakim et al., 2013).
In the healthcare setting, the law imposes a minimum standard of acceptable care to each and every nurse to ensure patient safety. The patients should be served with the highest level of standards of care and thus it a healthcare organization may demand a higher standard of care than expected by the law (Council, 2013). These higher standards can be set in accordance with The Code (2008). This code requires that a registered nurse must always act to identify a risk and minimize it to protect the patient.
From the scenario presented in our case study, RN Smart was supposed to minimize the risks to Mr. Jed. The patient’s severe condition means that he cannot communicate verbally and therefore communicates in written language. Additionally, he uses the bell to raise alarm whenever he needs anything. The nurse, however, fails to practice her duty of care putting Mr. Jed’s life at risk. This is a clear indication of the failure to appropriately exercise the standard of care.
Mr. Jed has every right to bring a negligence claim against RN Smart and the hospital. With his condition, he required serious medical attention and prudent care to enhance his safety as a patient. I believe that Mr. Jed has a strong case against RN Smart and the hospital and he has very high chances of being successful with his claim. The scenario presented in this case study shows that the nurse acted in negligence thus putting the life of Jed in danger.
Mr. Jed’s Claim against the Nurse and the Hospital
As a nurse, RN Smart owed Mr. Jed the duty of care to provide competent medical care and ensure his safety. She was tasked with providing the patient with the necessary requirements to improve the quality of care. The nurse is even informed that it is vital that the patient’s bell is answered as quickly as possible. The nurse removes the bell out of the reach of Mr. Jed and fails to return. She breaches the duty of care when she vacates the room and leaves the patient under the care of another nurse who also does not return the bell to its original position. As Mr. Jed tries to reach for the bell, he falls down from his bed fracturing his right radius, re-dislocating his shoulder and dislodging his tracheostomy tube. These additional injuries are as a result of the fall that could have been avoided had the nurse not breached the duty of care. This breach of the duty of care is the cause of Mr. Jed injuries. The injuries suffered are enough proof that the negligence of the nurse caused Mr. Jed harm (Westrick, 2013). These reasons are enough evidence to ensure that Mr. Jed wins the claim and receives his deserved compensation.
Conclusion
Negligence is the nursing practice is a serious violation of the rights of the patient. It is an ethically wrong and legally inappropriate practice. Nurses are guided by a set of standards of care set by the Nursing and Midwifery Board in Australia. These standards ensure that nurses competently perform their duties of care to ensure the safety of their patients. Any patient who suffers physical harm due to the negligence of the nurse assigned to the can bring up a negligence claim and stand to be compensated if they can prove to the jury that their injuries are caused by the negligence of the nurse.
References
(2018). Nursingmidwiferyboard.gov.au. Retrieved 24 April 2018, from https://www.nursingmidwiferyboard.gov.au/documents/default.aspx?record=WD10%2F3341&dbid=AP&chksum=3SWDivwEVXM4K6MsMHxTmw%3D%3D
Alexander, K., & Alexander, M. D. (2011). American public school law. Cengage Learning.
Brown, D., Edwards, H., Seaton, L., & Buckley, T. (2017). Lewis’s Medical-Surgical Nursing: Assessment and Management of Clinical Problems. Elsevier Health Sciences.
Council, S. A. N. (2013). Code of ethics for nursing practitioners in South Africa. Pretoria: South African Nursing Council, 3-5.
LeMone, P., Burke, K., Dwyer, T., Levett-Jones, T., Moxham, L., & Reid-Searl, K. (2015). Medical-surgical nursing. Pearson Higher Education AU.
Meakim, C., Boese, T., Decker, S., Franklin, A. E., Gloe, D., Lioce, L., … & Borum, J. C. (2013). Standards of best practice: Simulation standard I: Terminology. Clinical Simulation in Nursing, 9(6), S3-S11.
Oyebode, F. (2013). Clinical errors and medical negligence. Medical Principles and Practice, 22(4), 323-333.
Tingle, J., & Cribb, A. (Eds.). (2013). Nursing law and ethics. John Wiley & Sons.
Westrick, S. J. (2013). Essentials of nursing law and ethics. Jones & Bartlett Publishers.
Zaccagnini, M., & White, K. (2010). The doctor of nursing practice essentials. Jones & Bartlett Publishers.
Order an Essay Now & Get These Features For Free:
Turnitin Report
Formatting
Title Page
Citation
Outline
