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malpractice and negligence


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malpractice and negligence

  2. 2. INTRODUCTION  Nursing is a noble profession, which serve the humanity.  Nurse while caring the patient is bounded to some legal and ethical responsibilities.  Whenever a nurse fails to practice safe and standardized care and step out of her legal boundaries, she commits a wrong act known as torts.  A tort is a civil wrong committed against a person or a person’s property for example: Unintentional tort is negligence & malpractice. Intentional torts include assault, invasion of privacy and defamation.
  3. 3. NEGLIGENCE  Negligence is an individual to do something that a reasonable prudent person would do or the commission of the act in particular circumstances in standard of care to which a nurse is legally bound, would not do under similar circumstances.
  4. 4. The problems for which nurses are often found negligent in duties they are following:  Failure to use aseptic technique where required.  Leaving a foreign object in a patient’s body during surgery, i.e. errors in sponge, instrument or needle count in surgical cases.
  5. 5. CONTI…..  Failing to protect an infirm patient from failing, falls resulting injuries to patients.  Administering wrong medicine to a patient.
  6. 6. CONTI…..  Administering a medication inappropriately, i.e. intravenous therapy, errors resulting infiltration or phlebitis.  Administering a care in such a manner that a patient suffers injury, e.g. improper handling of hot water bag, burns to clients.
  8. 8. DEFINITION  Malpractice is a negligence or carelessness by a professional person. So, it concerns professional actions and in failure of a person, with professional education and skills to act in a reasonable and prudent manner.
  10. 10. TYPES OF NURSING MALPRACTICE Medication error Failure to follow a Physician’s orders Delaying patient care and/or failure to monitor a patient Incorrectly performing a procedure, or trying to perform a procedure without training Documentation error Failure to get informed patient consent.
  11. 11. WHY NURSING MALPRACTICE IS INCREASING  Nurse who work excessively long shift may suffer from fatigue, making them more prone to commit an error.  In fact, a 2004 report showed the nurses who worked a shift longer than12.5 hours were three times more likely to make a mistake.
  12. 12. CONTI….  Hospitals and other healthcare facilities may hire inadequately trained nurses or unlicensed nurse aides to fill a need. The less training a nurse has, the greater the risk of medical error.
  13. 13. ASSAULT  Assault is any wilful attempt or threat to harm another, coupled with the ability to actually harm the person. The victim believes that harm caused as a result of threat. Assault may be subtle.
  14. 14. FOR EXAMPLE  involvement of nurse in handling an uncooperative client in the casualty room.  it is an assault for a nurse to threaten to give a client an injection or to threaten to restrain the client for X-ray procedure when a client has refused consent.
  15. 15. INVASION OF PRIVACY  Clients have claims for ‘invasion of privacy’, e.g. their private affairs, with which the public has concern, have been publicised. Clients are entitled to confidential health care. All aspects of care should be free from unwanted publicity or exposure to public scrutiny. The precaution should be taken sometimes an individual right to privacy may conflict with public’s right to information.
  16. 16. FOR EXAMPLES  To pull the client information onto the computer screen where other clients can see it.  Give out any information about a client without his or her written consent.
  17. 17. DEFAMATION  Defamation is communication that is false or made with careless disregard for the truth, and result in injury to the reputation of a person.
  18. 18. TYPES OF DEFAMATION There are two types of defamation:-  Slander defamation: is in the form of spoken words for, e.g. if a nurse tells a client that his doctor is incomplete, for which nurse could be held liable for slander.  Libel defamation: is in form of written words, e.g. the nurse who writes such a comment could be shed for libel.
  19. 19. How nurse can protect herself from the legal liability?
  20. 20. LEGAL SAFEGUARDS IN NURSING PRACTICE  Licensure  Good Samaritan Law  Good Rapport  Standards of Care  Standing Orders  Consent for Operation & Other Procedures
  21. 21. CONTI….  Correct Identify  Counting Sponge, instrument and Needle  Documentation  Patient’s Property  Reporting
  22. 22. ROLE AND FUNCTIONS OF NURSE MANAGER IN LEGAL ISSUES:  Serves as a role model by providing nursing care that meets or exceeds accepted standards of care.  Reports substandard nursing care to appropriate authorities.  Fosters nurse-patient relationships that are respectful, caring and honest thus reducing the possibility of future lawsuits.
  23. 23. CONTI….  Actively supports professional organizations to strengthen the lobbying efforts of nurses in health care legislation.  Practices nursing within the area of individual competence.  Prioritizes patients right and welfare first in decision making.
  24. 24. CONTI….  Delegates to subordinates wisely, looking at the managers scope of practice and that of those they supervise.  Uses forseeability to harm in delegation and staffing decision.  Increases staff awareness of torts and assist them in developing strategies to reduce their liability in these areas.
  25. 25. CONTI….  Provides educational and training opportunities for staff on legal issues affecting nursing practice.