Negligence And Malpractice
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NEGLIGENCE AND MALPRACTICE
NEGLIGENCE
- an act of omission or commission
CRIMINAL NEGLIGENCE 2 TYPES: 1. RECKLESS IMPRUDENCE- A person does an act or fails to do it voluntarily but without malice from which material damage results immediately. 2. SIMPLE IMPRUDENCE- the person or nurse did not use precaution and the damage was not immediate or impending danger was not evident or manifest.
3 Essential conditions for actionable negligence: • • •
Existence of a duty Failure to perform that duty Injury resulting from such failure
Doctrines under negligence:
1. Doctrine of “Res ipsa Loquitur” - the thing speaks for itself
3 Conditions required: 1. The injury was of such nature that it would not normally occur unless there was a negligent act; 2. That the injury was caused by an agency within the control of the defendant; 3. That the plaintiff did not engage in any manner that would tend to bring about the injury. * If all present, NO FURTHER PROOF REQUIRED
Examples: - Negligence resulting to injury to a delirious patient - Liability for sponge left in the patient’s abdomen
2. Doctrine of “ Respondeat Superior” - principal answers for the acts of its agents * DOES NOT SHIFT LIABILITY TO EMPLOYER OR MASTER
Liability of a surgeon as head of the team in the operating room
Liability of a surgeon as head of the team in the operating room
Captain of the ship doctrine
3. Force Majeure - Act of God; fortuitous event
Not answerable unless: a. Specified by law b.Obligation requires assumption of risk c. Stipulation
SOMERA CASE Reasonable judgement and sound discretion
MALPRACTICE - any professional misconduct - unreasonable lack of skill - objectionable practice - practice contrary to established rules
IF PROVEN 1. Criminal liability 2. Damages 3. Ground for suspension or revocation of license
BOARD QUESTIONS: 1. When a patient falls from a bed, which of the following is your most immediate action? a. report to the head nurse and call someone to help b. determine any injury or harm c. refer to the resident on duty d. put the patient back to bed
2. A patient died due to error in the bloodtype used for blood transfusion. The nurse will be considered negligent and the doctrine that would apply is: a. res ipsa loquitor b. respondeat superior c. respondeat loquitor d. force majeur
3. In determining whether a nurse is negligent or not, the following conditions should be considered except: a. the nurse failed to do her duty b. it is the nurse’s duty to protect the patient from injury c. an injury resulted from the nurse’s failure to do her duty d. whether the action of the nurse is intentional or not
4. Which of the following behaviors of a nurse constitutes negligence? a. do not answer a call at 2 AM of a townmate to help his wife who has severe abdominal pain b. failure to diagnose the case of ailment c. ignoring a complaint made by a patient d. maintaining patent airway during the acute stage of a cord injury
5. On admission at the emergency room, the client is perspiring profusely, breathing hardly and complaining of dizziness and palpitations. The nurse on duty left the room to call for the doctor. This act of the nurse may be a ground for: a. reckless imprudence b. professional negligence c. malpractice d. breach of trust
6. A nurse pulled the patient’s bed away from the rail. The bed legs collapsed which caused injury on the leg of the patient. The injury is a sufficient evidence of negligence using the doctrine: a. Respondeat superior b. force majeure c. res ipsa loquitor d. captain of the ship
7. The doctrine of respondeat superior applies:
a. Where injury results outside scope of authority b. when injury occurs in the course of employment c. when injury occurred outside commerce of man d. when instrumentality was within control of the servant
8. The test for liability under the doctrine of respondeat superior is the:
a. power of master over servant b. injury itself c. extent of damage caused d. circumstances surrounding the act
9. The basis for liability of a surgeon in the operating room:
a. respondeat superior b. captain of the ship doctrine c. corporate liabilty force majeure
10. The following are considered force majeure except:
a. typhoon b. earthquake c. poverty d. volcanic eruption
NEGLIGENCE
- an act of omission or commission
CRIMINAL NEGLIGENCE 2 TYPES: 1. RECKLESS IMPRUDENCE- A person does an act or fails to do it voluntarily but without malice from which material damage results immediately. 2. SIMPLE IMPRUDENCE- the person or nurse did not use precaution and the damage was not immediate or impending danger was not evident or manifest.
3 Essential conditions for actionable negligence: • • •
Existence of a duty Failure to perform that duty Injury resulting from such failure
Doctrines under negligence:
1. Doctrine of “Res ipsa Loquitur” - the thing speaks for itself
3 Conditions required: 1. The injury was of such nature that it would not normally occur unless there was a negligent act; 2. That the injury was caused by an agency within the control of the defendant; 3. That the plaintiff did not engage in any manner that would tend to bring about the injury. * If all present, NO FURTHER PROOF REQUIRED
Examples: - Negligence resulting to injury to a delirious patient - Liability for sponge left in the patient’s abdomen
2. Doctrine of “ Respondeat Superior” - principal answers for the acts of its agents * DOES NOT SHIFT LIABILITY TO EMPLOYER OR MASTER
Liability of a surgeon as head of the team in the operating room
Liability of a surgeon as head of the team in the operating room
Captain of the ship doctrine
3. Force Majeure - Act of God; fortuitous event
Not answerable unless: a. Specified by law b.Obligation requires assumption of risk c. Stipulation
SOMERA CASE Reasonable judgement and sound discretion
MALPRACTICE - any professional misconduct - unreasonable lack of skill - objectionable practice - practice contrary to established rules
IF PROVEN 1. Criminal liability 2. Damages 3. Ground for suspension or revocation of license
BOARD QUESTIONS: 1. When a patient falls from a bed, which of the following is your most immediate action? a. report to the head nurse and call someone to help b. determine any injury or harm c. refer to the resident on duty d. put the patient back to bed
2. A patient died due to error in the bloodtype used for blood transfusion. The nurse will be considered negligent and the doctrine that would apply is: a. res ipsa loquitor b. respondeat superior c. respondeat loquitor d. force majeur
3. In determining whether a nurse is negligent or not, the following conditions should be considered except: a. the nurse failed to do her duty b. it is the nurse’s duty to protect the patient from injury c. an injury resulted from the nurse’s failure to do her duty d. whether the action of the nurse is intentional or not
4. Which of the following behaviors of a nurse constitutes negligence? a. do not answer a call at 2 AM of a townmate to help his wife who has severe abdominal pain b. failure to diagnose the case of ailment c. ignoring a complaint made by a patient d. maintaining patent airway during the acute stage of a cord injury
5. On admission at the emergency room, the client is perspiring profusely, breathing hardly and complaining of dizziness and palpitations. The nurse on duty left the room to call for the doctor. This act of the nurse may be a ground for: a. reckless imprudence b. professional negligence c. malpractice d. breach of trust
6. A nurse pulled the patient’s bed away from the rail. The bed legs collapsed which caused injury on the leg of the patient. The injury is a sufficient evidence of negligence using the doctrine: a. Respondeat superior b. force majeure c. res ipsa loquitor d. captain of the ship
7. The doctrine of respondeat superior applies:
a. Where injury results outside scope of authority b. when injury occurs in the course of employment c. when injury occurred outside commerce of man d. when instrumentality was within control of the servant
8. The test for liability under the doctrine of respondeat superior is the:
a. power of master over servant b. injury itself c. extent of damage caused d. circumstances surrounding the act
9. The basis for liability of a surgeon in the operating room:
a. respondeat superior b. captain of the ship doctrine c. corporate liabilty force majeure
10. The following are considered force majeure except:
a. typhoon b. earthquake c. poverty d. volcanic eruption
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