ConsentThe 5 elements:1. Must be given voluntarily2. Person need’s legal capacity3. Should be informed4. Must be specific5. Cover whats actually being done
Getting Consent• Implied consent• Verbal consent• Written Consent
Failing to Get Consent• Can mean you have to defend yourself againstbattery charges!
Duty of Care“Once a patient presents to the ED, the triagenurse enters into a health professional-patientrelationship”
Duty of Care“The triage nurse shares responsibility on behalfof the hospital to ensure patients receiveappropriate Ax of their treatment needs.”
What is Duty of Care?• An obligation recognised by law:– Triage nurse is expected to provide samelevel/degree of care– Protect PT from foreseeable harm– Provide reasonable standard of care
What determines the Standard ofCare??• The ATS• CENA Standards• ANMC competencies• Expert opinion
Against their will!• Detaining PT’s against their will:Needs to be:– Risk to self– Risk to community• Principle of necessity under common law.• Arrange senior clinician review
Assessing Capacity• Be of sound mind• Over 16• No drug or alcohol• Have insight• Understand risk• Communicate
The DNW• Ensure capacity• PT’s have the right to leave• If concerned let them know• Invite them back• Measure of ED performance!
Negligence• “Nurses have a responsibility to behave in areasonable manner”
Negligence“Breach from this responsible approach whichresults in harm/injury constitutes negligence”
NegligenceFor negligence to be proven:– Duty to meet standard of care– Breach of the duty to meet standard of care– Breach of duty which causes foreseeable harm– Causing actual harm & injury– Causing loss