Examples Of Statutory Negligence In Nursing

A patient falls. A nurse administers the wrong medication. A routine procedure goes horribly wrong. A client dies unexpectedly. These are all examples of unfortunate, but nonetheless real situations within the nursing profession. Sometimes it is a set of unfortunate circumstances for which health care workers are not at fault, while at other times it may well be that law, legislation, or professional standards have been breached possibly even leading to an accusation of civil or criminal negligence. Statutory negligence is one of several civil wrongs, known as torts (Staunton & Chiarella, 2013). The Civil Liability Act (2002) defines negligence as “a failure to exercise reasonable care and skill.” A House of Lords ruling (Donoghue v. Stevenson,

If a nurse is indeed found negligent within their course of employment, due to organisations having a non-delegable duty to their clients and the current vicarious liability laws, the employer will be made liable for the cost of damages but not blamed for the act or omission of the nurse (Staunton & Chiarella, 2013). The nurse will be subject to an investigation by relevant authorities, but is not responsible to pay for compensation. All the rules and regulations surrounding the tort of negligence may seem quite strict and confusing at times, but they are necessary. This is simply because health professionals are trusted by society to deliver quality health care, and with this privilege comes responsibility (Freegard,

Smith? Upon first glance, it would appear that the injury was indeed caused by the misconduct of John. However, what must be proven is the following: would Mrs. Smith have not been injured ‘but for’ John’s breach of his required duty of care? Consider the facts: Mrs. Smith was confused, unsteady on her feet, non-compliant with nursing staff, frequently mobilizing alone, and a noted falls risk. Furthermore there is no evidence to warrant the argument that Mrs. Smith would remain seated in the presence of company. It is therefore foreseeable that she could have a fall, but John’s actions did not increase that possibility and certainly did not cause the fall. It is possible that the extent of her injuries may have been lessened with John’s immediate assistance, however due to her severe osteoporosis this is