The document discusses two key concepts - negligence and informed consent. Regarding negligence, it is defined as a failure to act that results in harm to an individual. This could include failing to order dialysis for a patient in need. As a nurse manager, it is important to ensure staff follow policies to avoid negligence and maintain duty of care. The second concept discussed is informed consent, which the Joint Commission defines as a communication process that results in a patient authorizing a specific medical intervention. Informed consent requires fully informing patients on diagnosis, treatment options, risks, benefits and obtaining their signed consent. As a nurse manager, it is critical to ensure all patients undergoing procedures have a valid informed consent form.

1. Concept A
The first concept that I appreciated in the course is the
sources of law. As Showalter (2017) explains, the sources of
public law include the written constitutions, statutory
enactments that legislative bodies such as state, federal, and
local governments make, administrative rules and regulations,
and judicial decisions. All these sources of law are useful in the
understanding of the laws that govern the practice in a specific
discipline, the penalties for breaching such laws, and similar
cases that have been determined in court.
My professional discipline is in business management.
In this discipline, the legal framework is quite applicable to the
alignment of business practices with the legal requirements of
the profession. Consequently, as a business manager, I will be
expected to understand the legal environment surrounding the
operations of a company. For instance, in a healthcare
organization, from a business or administrative perspective, the
understanding of privacy laws or antitrust laws will be
beneficial to the process of tuning the operations of the facility
with the legal requirements. Where there are ambiguities, it
would be useful to research judicial decisions to obtain the
precedents existing for particular cases and issues.
Concept B
The second concept that I learned through the course is torts,
particularly negligence. By definition, negligence is an act or
failure to act that results in the harm of an individual. It is
different from battery, which is an intentional act, in the sense
that it emphasizes a person’s (respondent’s) duty of care, the
breach of that duty in the process of dealing with a second party
(the plaintiff), and the causation of injuries to the plaintiff
resulting from the breach of duty (Furrow, Greaney, Johnson,
Jost, & Schwartz, 2013).
My discipline is business management. From the materials on
torts, I have understood the concept of a legal person – an

2. individual or entity – which underlies the discussion of
negligence. The principle of legal personhood has enabled me to
understand that both private persons and organizations have a
duty of care to humanity, and the breach of that duty amounts to
negligence if there is proof of the breach and its causation of an
injury. Therefore, as a business manager, it would be upon me
to understand the duty of care that I have to various persons and
to develop policies to ensure that the organization upholds the
duty in its operations. I would also be in a position to
understand the acts of negligence performed by other legal
persons against the business entity that I manage.
References
Furrow, B., Greaney, T., Johnson, S., Jost, T., & Schwartz, R.
(2013). Health law: Cases, materials, and problems (7th ed.). St.
Paul, MN: West Academic Publishing
Showalter, J. S. (2017). The Anglo-American legal system. In J.
S. Showalter, The Law of Healthcare Administration (pp. 1-23).
Chicago, IL: Health Administration Press.
Concept A
The first concept that I learned through the course is torts,
particularly negligence. Negligence is a failure to act that
results in the harm of an individual. An example of Negligence
is a patient with End Stage Renal Disease, needing dialysis,
and it is not ordered or arranged. Harvard Public Health Study
estimated that only 27% of adverse events are due to
negligence. Every person desires a reliable and safer medical
system. Medical errors occur every minute resulting in injuries
to patients. However, the challenge is to create a structure that
compensates patients for harm or damages, identifies the
medical mistake, learn from the sentinel events, and help
develop a system that eradicates or lessens medical errors.
Negligent offenses are the result of individuals lacking to do

3. what is required of them causing harm or injury.
As a clinician and MICU Nurse Manager patient
negligence is a significant concern that we must be aware and
correct when it happens. It is critical that medical personnel
will follow hospital policies and procedure to make sure the
organization maintains the duty on its operations. I must ensure
clinicians and other members of the team will provide the care,
treatment and performed nursing care accordingly.
Concept B
The Second Concept is “informed consent.” According
to the Joint Commission, informed consent is a form of
communication between clinician and patient’s that results in
the patient’s authorization to undergo a specific medical
intervention.” The inform consent consists of the diagnosis,
treatment or procedure, alternatives for treatment and
intervention, risks, benefits, prognosis, assessment of patient
understanding, likely course of recovery, consequences of not
consenting, and patients signature permitting for the explained
procedure. Patients must have acceptable, and enough
information if they are to take part in making a decision that
will indicate their principles and preferences, and physicians
play an important role as educators during the process.
Informed consent it is the foremost model for safeguarding the
legal civil rights of patients and point in the right direction the
ethical practice of medicine. Its utilized for various reasons in
different contexts such as legal, moral or administrative. Even
though these reasons have common characteristics, they are not
identical, thus heading to several standards and criteria for what
constitutes “adequate” informed consent.
As a clinician and MICU Nurse Manager, it is critical to
maintaining open communication with other members of the
medical team such as physicians to make sure that every patient
going to a procedure or receiving a particular treatment will
have in their medical record a valid signed consent form that
meets Joint Commission requirements.
References

4. De Bord, J. (2014) Inform Consent. Ethics in Medicine.
University of Washington School of Medicine. Retrieved from
https://depts.washington.edu/bioethx/topics/consent.html
Sohn D. H. (2013). Negligence, genuine error, and
litigation. International journal of general medicine, 6, 49-56.
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