There is an obvious employer expectation and condition of employment that when nurses are at work they are awake and not sleeping. After all, the employer is paying for the time that the nurse is at work. This rule does ...

Once a patient assumes an in-patient status in a hospital, it thereby creates a duty of care concerning protection of the patient from foreseeable acts of harm. Liability is not potentially limited to acts of harm committed by staff and/or ...

The potential liability of health services, hospitals, day surgeries and clinics does not, depending on the nature of the treatment or care provided, cease upon physical discharge or a patient leaving the facility. If any treatment or care has had ...

Nurses and managers should be aware of a recent High Court of Australia decision concerning liability for the criminal acts of an employee. Vicarious liability is the legal notion of a relationship between an employer and employee (with some exceptions) ...

People who have experienced a medical injury need to be heard by clinicians and feel that the hospital is taking steps to address the issue, say researchers. Senior law lecturer at UNSW Sydney Dr Jennifer Moore said this might involve listening ...

If a nurse has an intimate, consensual relationship with a patient, it is deemed unacceptable to the profession. But what if the relationship is with a patient’s spouse? A recent hearing examined such a case. CB was an enrolled nurse ...

Directing another nurse to write inaccurate notes is a serious matter, as this case study illustrates. The making of nursing notes is an important task that nurses undertake as part of their duties. Their importance cannot be stressed enough, not ...

A man sues his partner after she falls pregnant and gives birth, alleging she lied about her contraception. The birth of a child is usually a joyous occasion for both parents. But what if the father did not plan for ...

A frustrated nurse posts on social media about a matter unrelated to her workplace and is found guilty of misconduct. As an ever-increasing number of nurses embrace social media, they should not forget that the nature and content of their ...

Courts strongly favour the right of competent individuals to refuse treatment but the particulars of each individual case can lead to exceptions. As previously canvassed in this column, there exists a fundamental right for a competent adult to refuse treatment, ...