Nobody downloaded yet

Negligence - Essay Example

Comments (0) Cite this document
Summary
Negligence [Name of Student] [Name of Institution] Introduction Records and reports indicate that more nurses are being sued for malpractice by the day. In fact, this trend, most evident in the last decade, is expected to increase given that there have been no indications of the signs disappearing…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.5% of users find it useful
Negligence
Read TextPreview

Extract of sample "Negligence"

Download file to see previous pages This paper explores the differences among negligence, gross negligence, and malpractice. In addition, the paper discusses the importance of documentation and its connection with a negligence case in which a patient’s wrong leg was amputated. Negligence, Gross Negligence, and Malpractice In general, negligence refers to the failure by a nurse to give care to a patient in a reasonable and prudent manner in the prevailing circumstances. Thus, negligence refers to any harm caused by a nurse’s carelessness, rather than intentional harm. On the other hand, malpractice is a professional negligence, which occurs when an authorized and licensed nurse fails to give patient care according to the laid down standards (Phillips et al., 2004). That is, care below the standards set by the regulatory body. It is worth noting that the poor standard of such care subsequently causes harm to a patient. The table below summarises the differences and similarities between malpractice and negligence Malpractice Negligence Definition A professional nurse gives substandard Though prudent and reasonable, a nurse gives unreasonable care Intentional Yes Can be intentional or not Lawsuits in Civil Courts Civil Courts Proof of lawsuit Duty, Breach, Causation and Damages Duty, Breach, Causation and Damages An example of a malpractice is a nurse who intentionally harms a patient by not performing his or her duties according to the laid down procedures and standards. On the other hand, a nurse harming a patient due to carelessness amounts to negligent act. Therefore, any unintentional action or omission that causes patient injuries is negligence while failure to adhere to nursing standards of practice may result in a malpractice lawsuit (Phillips et al., 2004). According to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), malpractice refers to an inappropriate, unacceptable, and unethical conducts caused by an unreasonable lack of skill by a professional. On the other hand, gross negligence simply refers extreme cases of carelessness by a nurse. The implication by gross negligence is that a nurse has gone far below the standard of care with which a prudent and reasonable nurse may act towards a patient’s care (Phillips et al., 2004). In gross negligence, there is no trace of or slight evidence of care, even by the standards of a careless person. Thus, gross negligence has a degree difference with negligence. Several reasons have been cited as the main causes of negligence, gross negligence, and malpractice including delegation of duties, early discharge, shortage of nurses, hospital downsizing, numerous and advances in technology, better-informed patients, and expanded legal liability targeting medical professionals. With regards to task delegation, many hospitals have certain cost-cutting and cost-containment strategies, which propel them to delegate nursing duties to unlicensed assistants (Phillips et al., 2004). These assistants may not be aware of a facility's or a regulator’s standards of care or nursing practice act. Second, many facilities discharge patients quite early, prior to full recovery while they still need acute and intensive nursing care. Other cost-containment strategies used in facilities are reduction in the number of nurses, which increases workloads for nurses, thus the likelihood for errors to occur. The many technological ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Negligence Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/nursing/1479222-negligence
(Negligence Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/nursing/1479222-negligence.
“Negligence Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/nursing/1479222-negligence.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Negligence

Negligence Manslaughter

...? Criminal Law: Negligence Manslaughter Criminal Law: Negligence Manslaughter This is one of the major bodies of law. Itdeals with crimes committed against human or public authority. The law is different from civil law, which deals with crimes between individuals. Murder is an ideal example of a case under criminal law as it is a crime that affects the interest of the public. The laws ensure that there is equality among individuals and the public in general. It prevents the public from negligence, thus facilitating responsibility. Criminal law is distinctive for uniquely serious potential sanctions and consequences for failure to respect its provisions and rules. All crimes have criminal...
8 Pages(2000 words)Essay

Gross Negligence

...? Gross negligence Introduction The practice of a nursing aimed at the treatment of a patient to restore the good health to the patient. However, in some situations the unfortunate happen and instead of restoring health to the patient the results of a medical procedure ends up giving undesired results that places more harm to the patient than restoring the good health. In such situations, the cause of harm is a result of negligence, gross negligence, or malpractice. The same can also result from failure to observe the required ethical standards or failure to document the patient’s condition according g to procedure. Gross negligence Gross negligence...
6 Pages(1500 words)Personal Statement

Negligence Paper

...? Negligence Given a definite scenario, the aims of the essay are to address the following concerns to differentiate between negligence, gross negligence, and malpractice. Based on the information, decide if one agrees with the statement in given scenario; (2) to describe the importance of documentation (relating to the given simulation) and its correlation to potential negligence. Specifically, the following questions would be answered: (a) if you were the nurse in this situation, what ethical principles would guide your practice? And (b) how would you document the case to satisfy ethical and legal requirements? Negligence Background based on the...
4 Pages(1000 words)Essay

Negligence

...? Negligence Negligence The case “Failure to Restrain Caused Patient Fall” is selected for analysis and determination whether there was medical negligence or not and the events leading to the legal litigation by the patient. The description of the patient in the case illustrates that the patient was drowsy and nauseated after the surgery which would have warranted proper care by the X-ray technician during the procedure of post surgery X-ray. Admittedly, the technician did not make a point of securing the patient by the use of restraint straps on the X-ray chair. Even though it is argued that the restraint straps would not have sufficiently secured the plaintiff to the X-ray chair, it is...
2 Pages(500 words)Essay

MEDICAL NEGLIGENCE

...?Sur Lecturer Medical negligence Rameez Raja entered into a contract with the Lister N.H.S. hospital the moment he was admitted in the hospital for treatment. It became the responsibility of the hospital to treat Rameez. Therefore Lister N.H.S. hospital owed Rameez duty for care the moment he got admission into the hospital. Doctor Kildare’s decision to perform an emergency operation on Rameez was meant to revive his life. It was in the best interest of Rameez to get the operation and a breathing device for his survival. Nurse Rachett is an experienced intensive care nurse, therefore any decision she makes concerning the treatment offered in the intensive care unit is justified. However, Nurse Rachett is not a surgeon and...
4 Pages(1000 words)Essay

Doctor Negligence

...agencies alone. The medical line must also go into the social and mental causes of the crime (Zalman, Marvin; 1981) The doctor who was fond of his patient In this case, although the patient had fever and was experiencing discomfort, the doctor could not find the cause for the fever. The next day the patient suffered severe infection on the side of the body the doctor did not examine. Maybe the doctor was tired and called it a day. Even then, in medical parlance, this is medical malpractice. The doctor could be legally taken to task for this lapse (Doctor Negligence, 2010) Human nature Doctors as well as criminologists need to be open to all options. There may be situations when nagging doubts and lack of evidence evade...
2 Pages(500 words)Case Study

Medical Negligence

...Introduction Negligence in law means the failure to do some act which a reasonable man in the circumstances would do, or doing some act which a reasonable man in the circumstances would not do. A cause of action would only arise if as a consequence of negligence, injury to another person results. It has been held that to judge a person by his conduct in relation to another is guided by the conduct of a man on top of a Clapham omnibus. However, if a situation involves the employment of some special skill then the test to be used in judging that conduct is the standard of the ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest skill at the risk of being found negligent. 1... In this...
8 Pages(2000 words)Case Study

Negligence

...Negligence Facts of the case: Mary lives in an apartment complex in Northwest Houston owned by ABC Properties, Inc. At approximately 2:00 AM on a Wednesday, Rob, the manager of the apartment complex enters Mary's apartment, using his passkey, and brutally rapes and physically assaults Mary. In investigating the incident you, as Mary's attorney, obtain the personnel file of ABC relative to the manager who raped Mary. In reviewing this file you find that ABC hired the manager Rob without any kind of background check being performed. In addition, from questioning a high level manager at ABC, you determine that ABC Properties, Inc. does not have a policy of requiring a background check on persons hired for any positions...
3 Pages(750 words)Case Study

Negligence

...Negligence Negligence A tort is a civil act or omission comprising a wrong against individuals instead of the The individuals could include legal entities such as corporate institutions and companies. The underlying principle of tort law is that an individual has some interests that are protected by the law. The protection can be in the form of court orders to the defendant to refrain from carrying out offensive acts or omissions, or the plaintiff being awarded a prescribed amount of money when a protected interest is infringed. The damage or harm must be the result of the defendant’s fault and at the same time legally recognised as attracting liability. In the context of negligence, tort...
5 Pages(1250 words)Essay

Liability & Negligence

...Case Study: Liability & Negligence In the case presented, there are different people who may be found liable for the Pilot’s accident. One of the parties who can be found liable for the Pilot’s accident is the pilot himself. The manufacturer of the aircraft can also be found liable for the pilot’s accident. Another party who can be found liable for the pilot’s accident is the pilot’s instructors. The seller or distributer of the aircraft would also have been liable for the pilot’s accident. Lastly, the insurer of the aircraft can also be found liable for the pilot’s accident. There are various reasons why the entities mentioned above can be found liable for the pilot’s accident. The manufacturer of the aircraft would...
3 Pages(750 words)Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Negligence for FREE!

Contact Us