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NEGLIGENCE
The doing of that thing, which a reasonably
prudent person would not have done, or the failure
to do that thing which a reasonably prudent
person would have done, in like or similar
circumstance.
..Act of omission or commission
THEORIES OF NEGLIGENCE:
Respondeat Superior let the superior
answer ; let the principal answer for the acts
of his agent
Res Ipsa Loquitur the thing speaks for itself;
talks about the evidence; you cannot
deny the negligence because of the presence of
evidence.
Force Majeure irresistible or superior force. It
is a fact or accident which human prudence
can neither foresee nor prevent
MALPRACTICE
Any professional misconduct, or any
unreasonable lack of skill, or fidelity in the
performance of the professional or
fiduciary duties.
For Nurses, Malpractice refers to the
failure to follow a reasonable
professional standard of care, thereby,
resulting to injury of patient
ELEMENTS OF
NEGLIGENCE/MALPRACTICE:
Duty
Breach of Duty
Foreseeability
Causation
Harm/Injury
INVASION OF PRIVACY
FRAUD
KINDS OF DEFAMATION:
Slander oral defamation
Libel written defamation
ASSAULT
Attempt or threat or to touch another person
unjustifiably
CONSENT
KINDS OF CONSENT:
Informed Consent
Implied Consent
INFORMED CONSENT
Agreement by the client to accept a course of treatment
or a procedure after complete information, including the
risk of treatment and facts relating to it, has been
provided by the physician
IMPLIED CONSENT
In a life threatening situations and consent can not
be obtained from the client or relatives, the law
generally agrees that consent is assumed.
Ethics of Nursing
promotes an environment in
which the human rights, values,
customs and spiritual beliefs of
the individual, family and
community are respected.
2. NURSES AND PRACTICE
maintains a standard of
personal health such that the
ability to provide care is not
compromised.
3. NURSES AND THE
PROFESSION
nurse assumes the major role in
determining and implementing acceptable
standards of clinical nursing practice,
management, research and education.