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Negligence can be defined as a failure from the end of the nurses in taking reasonable care for the patients. In certain times, the nurses prevent to easily care for the patient but prevented them in doing so to make the patients independent enough in taking care of themselves. In this context, certain things will get reflected and highlighted in the following through certain explanations and evidence-based writing (Australian Government Department of Health, 2004). To address the problem in the assignment, certain descriptions with evidence and support will be getting discussed in the following.
Duty of care: There must lie prove where the duty of care present between the plaintiff as well as the negligent party. A duty of care was defined as one of the legal duty to undertake responsible care. In this case, the list of relationships is not exhaustive, and decision regarding whether a duty of care is existing is dependent on the case by case basis and facts. In most cases, the nurses lack proper accountability and also not responsible enough in delivering proper care and compassion to the patients, the families as well as to the carers (Liu, 2018). Concerning the case study, Lanto should be more concerned about the benefit of Mrs. Macalipay since he was given the charge to look after the lady since another nurse came there to assist Mrs. Macalipay. However, the assigned nurse has not shown adequate respect and concern for the patient. The nurses in any hospital are duty-bound and they should prioritize the patients first along with addressing their needs through the promotion of their best interest along with no maleficence (Maling, 2017).
Breach: In this situation, breach signifies the specific duty that is being owed for the patient not been met. Hence to make the environment safe and secure the nurse should always follow standard nursing ethics like providing compassions and quality nursing care for all the patients irrespective of caste, gender. It also involves respect and kindness for the patients along with valuing the people diversity and delivering quality nursing as well as proper healthcare for the patients. Additionally, cultural safety also needs to be valued by nurses in the context of nursing and health care. Additionally, the nurses are also responsible for valuing information on ethical management along with valuing a socially, economical, ecological sustainable environment (Moon & Yoon, 2018).
Damages: The breach of duty by the nurse for the patient can create damages for the patient like the one highlighted in the case study. It has been found that when the nurse Lanto was just outside the room, he had heard a scream and saw that Mrs. Macalipay had fallen on the ground where it has been found that she had badly fractured her let femur bone and the right hip. Here Lanto was liable for the civil negligence’s where from the beginning he should be concerned enough in measuring the direct as well as indirect changes of the osteoporosis management through the development and identification of knowledge’s, competencies among the clinicians, and also their attitudes. The prioritization also needs to be improved along with maintaining the compliances with the performance data through provisioning of the objective data to receive adequate support from the organizational leadership (Ulrich, 2019).
Causation: This is one of the difficult elements to get proved under the medical malpractice lawsuit. There should be a proper causal link between breaching the duty and the injury. The breach of duty between the patient and the nurse has caused an injury which has been found in the case study. In this case, if Lanto could be there with the patient, the patient would not have been fallen. According to the Joint Commission on Accreditation of Healthcare Organizations, the nurses should be following Australian standards of care to protect the patients from substandard care (Wei, 2018). In many cases, the nurse fails in using appropriate equipment’s which should be reframed through modifications
Healthcare professionals like nurses who are responsible for the occurrence of the serious errors subjected to criminal prosecution. To avoid this, the nurse should get involved in systematic along with interdisciplinary factors through which the actual consequences behind the criminal prosecution can get readily understood. As per the case study, Lanto was not criminally liable for any kind of consequences of the patient. The nursing board is charged with certain responsibilities like maintaining nursing professional standards within the organization so that the patients can get protected (Maling, 2017).
In this situation, a licensing action should be undertaken by the nursing authority where the administrative legal agencies had been developed by the state statutes which defines the purpose, powers as well as the functions of the agencies. Most of the nursing malpractice policies cover the attorney fees in a disciplinary context which is considered to be one of the primary reason which nurses are liable in carrying individual malpractice insurances. In this context, the disciplinary action by the state boards of the nursing should act as one of the regulatory agencies which are comprised of disciplinary action information (Moon & Yoon, 2018). Online education, mentoring, chary along with performance auditing turns out to be important for the nurses for developing their nursing practices like Lanto in the case study.
Professional misconduct is defined as the wrong, erroneous conduct by the nurse which is outside the domain of his/her practice. As per Arizona’s Board of Nursing Rule R4-19-403, unprofessional conduct is defined as conduct which might be dangerous for the patient’s health or the public where it’s the failure of the nurses to maintain minimum acceptable standards and prevailing nursing practices. In this situation, Lanto has committed unprofessional conduct which created harm for the patient (Ulrich, 2019). According to the Victorian Civil and Administrative Tribunal, the Nurses should be developing adequate commitments and dedications in their work through which in the future, their nursing goals can get achieved. Through this, the future determined objectives can be attained readily within a fixed time frame (Liu, 2018).
The Nursing regulatory authorities in Victoria and also New South Wales need to discuss the examples of the case types in a detailed manner and along with that also advising the professionals and the public. The inclusion of the care in the legislation needs to be integrated and interpreted within the nursing discourse as per the Nurses Registration Act No 10 1953 where the incompetent practices can be avoided along with the misappropriation of the medications (Australian Government Department of Health, 2004).
According to the Qld Nursing Act 1992, through the code of conduct, the nursing practices need to be well-formulated through which the practical guidance can be provided to the nurses, midwives in order o practice nursing. Through the Act, the professional conduct committee got set where the nurses should undergo the minimum professional standards with a basis regarding maintenance of the organizational standards of professional conduct. The ACNI Code of Professional Conduct, as with the Code of Ethics equates “care” with ‘nursing care’ only. The legislation in the Western part of Australia and the Australian Capital Territory emphasized competences where misconduct, impropriety can be avoided easily along with the unethical conduct (Taylorandscott, 2015).
To conclude, the nurses should be held responsible for maintaining consistent performance through the adoption of new philosophies and also constantly improving in every planning processes, implementation as well as services. The teaching also needs to be involved in the nursing organization to help the patient with some disciplined protocols. Here on-job training turns out to be successful.
Australian Government Department of Health. (2004). Duty of care issues. Retrieved from https://www1.health.gov.au/internet/publications/publishing.nsf/Content/drugtreat-pubs-front11-wk-toc~drugtreat-pubs-front11-wk-secb~drugtreat-pubs-front11-wk-secb-6~drugtreat-pubs-front11-wk-secb-6-1
Liu, X. (2018). Hospital nursing organizational factors, nursing care left undone, and nurse burnout as predictors of patient safety: A structural equation modeling analysis. International Journal of Nursing Studies, 86, 82-89.
Maling, T. (2017). What Duty of Care Does a Nursing Home Have? Retrieved from https://elringtons.com.au/2017/06/what-duty-of-care-does-a-nursing-home-have/
Medicalboard. (2018). Tribunal finds general practitioner engaged in professional misconduct and unprofessional conduct. Retrieved from https://www.medicalboard.gov.au/News/2018-07-23-GP-engaged-in-professional-misconduct.aspx
Moon, J. H., & Yoon, , S. .. (2018). Factors influencing patient safety nursing activities of nurses in long-term care hospitals. Journal of Korean Academy of Nursing Administration, 24(4), 307-318.
Taylorandscott. (2015). How Do You Claim Negligence Against a Nurse? Retrieved from https://www.taylorandscott.com.au/claim-negligence-nurse/
Ulrich, B. (2019). Critical care nurse work environments 2018: findings and implications. Critical Care Nurse, 39(2), 67-84.
Wei, H. (2018). The state of the science of nurse work environments in the United States: A systematic review. International Journal of Nursing Sciences, 5(3), 287-300.
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