Negligence [Name of Student] [Name of Institution] Introduction Records and reports indicate that more nurses are being sued for malpractice by the day. In fact, this trend, most evident in the last decade, is expected to increase given that there have been no indications of the signs disappearing…
This paper explores the differences among negligence, gross negligence, and malpractice. In addition, the paper discusses the importance of documentation and its connection with a negligence case in which a patient’s wrong leg was amputated. Negligence, Gross Negligence, and Malpractice In general, negligence refers to the failure by a nurse to give care to a patient in a reasonable and prudent manner in the prevailing circumstances. Thus, negligence refers to any harm caused by a nurse’s carelessness, rather than intentional harm. On the other hand, malpractice is a professional negligence, which occurs when an authorized and licensed nurse fails to give patient care according to the laid down standards (Phillips et al., 2004). That is, care below the standards set by the regulatory body. It is worth noting that the poor standard of such care subsequently causes harm to a patient. The table below summarises the differences and similarities between malpractice and negligence Malpractice Negligence Definition A professional nurse gives substandard Though prudent and reasonable, a nurse gives unreasonable care Intentional Yes Can be intentional or not Lawsuits in Civil Courts Civil Courts Proof of lawsuit Duty, Breach, Causation and Damages Duty, Breach, Causation and Damages An example of a malpractice is a nurse who intentionally harms a patient by not performing his or her duties according to the laid down procedures and standards. On the other hand, a nurse harming a patient due to carelessness amounts to negligent act. Therefore, any unintentional action or omission that causes patient injuries is negligence while failure to adhere to nursing standards of practice may result in a malpractice lawsuit (Phillips et al., 2004). According to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), malpractice refers to an inappropriate, unacceptable, and unethical conducts caused by an unreasonable lack of skill by a professional. On the other hand, gross negligence simply refers extreme cases of carelessness by a nurse. The implication by gross negligence is that a nurse has gone far below the standard of care with which a prudent and reasonable nurse may act towards a patient’s care (Phillips et al., 2004). In gross negligence, there is no trace of or slight evidence of care, even by the standards of a careless person. Thus, gross negligence has a degree difference with negligence. Several reasons have been cited as the main causes of negligence, gross negligence, and malpractice including delegation of duties, early discharge, shortage of nurses, hospital downsizing, numerous and advances in technology, better-informed patients, and expanded legal liability targeting medical professionals. With regards to task delegation, many hospitals have certain cost-cutting and cost-containment strategies, which propel them to delegate nursing duties to unlicensed assistants (Phillips et al., 2004). These assistants may not be aware of a facility's or a regulator’s standards of care or nursing practice act. Second, many facilities discharge patients quite early, prior to full recovery while they still need acute and intensive nursing care. Other cost-containment strategies used in facilities are reduction in the number of nurses, which increases workloads for nurses, thus the likelihood for errors to occur. The many technological ...
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This article will explore the subject of negligence manslaughter under the following divisions: discussion of the criminal issues; manslaughter; involuntary manslaughter; limitation; defenses to negligence manslaughter; sentencing negligence manslaughter; consequences of conviction for negligence manslaughter
Specifically, the following questions would be answered: (a) if you were the nurse in this situation, what ethical principles would guide your practice? And (b) how would you document the case to satisfy ethical and legal requirements? Negligence Background based on the Scenario The facts from the given scenario indicate the case of a 62 year old, diabetic patient, Joseph Benson, who supposedly underwent an amputation of his leg just below the left knee.
The tort of negligence is a tort that awards damages for a breach of duty owed by the defendant to the plaintiff resulting in damage to the plaintiff undesired by the defendant (Keenan, 2007. P. 265). The tort of negligence was created in the House of Lords in 1932.
Negligence Name Course Instructor Institution Date Negligence The case “Failure to Restrain Caused Patient Fall” is selected for analysis and determination whether there was medical negligence or not and the events leading to the legal litigation by the patient.
hospital owed Rameez duty for care the moment he got admission into the hospital. Doctor Kildare’s decision to perform an emergency operation on Rameez was meant to revive his life. It was in the best interest of Rameez to get the operation and a breathing device for his survival.
Such negligence also occurs by failure to act by practitioners with knowledge of the situations but instead deviate from laid down protocols and procedures without valid reasons, resulting in patients’ injury or death. Medical malpractice is a demonstration of disregard in a medical practitioner’s professional and licensed faculty, illustrated by not adhering to standards of practice and causing harm or death (Leonhardt, 2009).
The protection can be in the form of court orders to the defendant to refrain from carrying out offensive acts or omissions, or the plaintiff being awarded a prescribed amount of money when a protected interest is infringed. The damage or harm must be the result
Conversely, the latter is more specific in that its meaning encompasses both the status and what is expected of a given caretaker that aligns with professional standards. Studies so far conducted reveal
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