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 ...
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Duty of care: where does a nurse’s responsibility end?
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 ...
More »Criminal acts of employees: are nurse managers legally responsible?
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 »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, ...
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