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LEGAL ASPECT OF NURSING Name Institution Date The healthcare sector is currently put under legal focus so that the lives of patients can be saved from unlawful conduct of the nurses and other healthcare givers. There are a number of illegal actions of the health professionals that can only be tamed by strict adherence to the law…
The law of tort in this case raised a liability against negligence. It is imperative to underline that there are three major concepts surrounding negligence that this physician failed in. The first part is the knowledge of the problem in question and this is followed by duty to care and finally failure to take necessary preventative measures against foreseeable harm. The physician had already conducted X-ray as a professional and signed a contract to undertake surgery on the boy the following day. This qualifies to make it clear that the physician had already established the existence of a problem (Bar, Drobnig, Alpa & European Commission, 2004). The next action he ought to have considered is the duty to care which was pegged on his professional know how in the mind of any normal person like Jones parents. This means that he ought to have foreseen any possible harm that would arise from any of his actions. Administering of sedation by the anaesthesian amounted to failure to take preventative action against the impending harm. There was also the vicarious liability which was associated by the health center since the physician and the anaesthesian were its employees. ...
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