Legal Issues and the Role of Nurse Manager Essay

Legal Issues and the Role of Nurse Manager - Essay ExampleFailure to use due care ignore be considered as negligent behavior.Failure to meet standard of care, which results in injury to the patient, can make the medical maestro liable for resulting damages. The medical professional can be a doctor, a take, or a health care provider.Causation helps determine whether the medical professionals carelessness caused injury. It is the most difficult fraction of negligence to prove and so courts have sometimes resorted to the theory of res ipsa loquitor. Three conditions for the application of res ipsa loquitur arePersonal injury cases are sanctioned disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Injury, which occurs due to someones negligence in the patients treatment, forms the prat of claim and lawsuitNegligence is failure to guard against risk of harm to others and imposes liability on whoeve r is responsible for negligence. In order to prove that negligence has occurred, the quest criterion needs to be met and proven in a court of lawIn the given case harm has occurred to the patient who fractured her hand. The nurse, nurse passenger vehicle and the hospital owe the duty of care to the patient and have failed in discharging their duty successfully. Who is liable and to what extent, demands an evaluation of the circumstances, which caused the injury to the patient. This idea of evaluation of circumstances is commonality in healthcare. It has been noted that, although a particular action or omission may be the immediate cause of an incident, closer analysis usually reveals a series of events and departures from safe practice, each influenced by the working environment and the wider organisational context. This more complex picture is gaining acceptance in health care (Vincent et al, 2000). The omission may or may not be purely an act of carelessness it could be a resu lt of how work processes are organised making the nurse manager and hospital more liable, than the nurse who may not be a direct cause of injury. The fact that in her chart the nurse has attested that this would not have happened if I had been present to help her establishes that the nurse made a mistake. However one also needs to consider whether this mistake is actually negligence. This calls for an evaluation of the circumstances in which the injury occurred. Two situations are discussed belowSituation 1. Delay in response because nurse was gossiping/careless/did not see the call light or failed to stick to the