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) ...
More »Legal Corner
Patients with medical injury sound off on hospital reaction
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 ...
More »Sex with patient’s wife: nurse faces tribunal
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 ...
More »Notes on a nursing scandal
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 ...
More »Law offers no protection: when unplanned pregnancy leads to litigation
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 ...
More »Social media blurs the line between private and professional
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 ...
More »When choosing between curative or palliative treatment, even autonomy isn’t absolute
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, ...
More »To retain public confidence, take drug control seriously
The public must have confidence in nurses’ ability and willingness to practise proper medication management. Those who violate that trust rarely get off lightly. Nurses are entrusted with significant responsibility in relation to the handling, dispensing and giving of medications. ...
More »Make sure they understand: consent must overcome language barrier
Language and cultural barriers to obtaining informed consent must be overcome, for the sake of the patient and the worker. Obtaining a patient’s consent before providing treatment and care is a fundamental duty for nurses. In obtaining a valid consent, ...
More »Such a bold deception: lying on CVs can have major consequences
Some people go to great lengths to claim degrees and qualifications they’ve never had – and the penalties can be severe. Recently in Queensland, a person was employed as a nurse in a remote community, without having any relevant qualifications. ...
More »