Legal aspect of nursing - Case Study Example

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Legal aspect of nursing

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. By being an agency to the healthcare Center, the management of the healthcare facility was likely to be brought into this legal battle. In other words, this case constitutes negligence and breach of contract which caused loss to the parents and harm to the patients. Contractual agreement between the hospital through its agency in the physician failed to live up to its role forcing the healthcare sector to take liability.This case presents a scene of negligence on the part of the Physician. Jones parents entrusted the physician. ...Show more


In the paper “Legal aspect of nursing” the author analyzes a number of illegal actions of the health professionals that can only be tamed by strict adherence to the law. The case involving Jones and the hospital staff is one among many others that have always raised concern on the role of nurses.

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