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. ...
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The implied duties, and dangers, of employment contracts
Take care to fill all the implicit obligations of the employment contract, or termination may well be justified. All employees, including nurses, have in their contract of employment a number of implied duties that are owed to their employer. Four ...
More »Plaintiffs can’t neglect causation
The burden of proof extends well beyond demonstrating a breach of duty by the defendant. In any negligence case, it is for the plaintiff to prove its case on the balance of probabilities. One of the elements of doing this ...
More »Sex is always a boundary crossed
Intimate relationships with patients are never acceptable. A cornerstone of nursing is the therapeutic relationship. It is a privileged relationship, which nurses should at all times protect and respect. The profession is conscious of this; hence any suspected transgressions are ...
More »The rigour of informed consent
It’s absolutely essential to make sure patients know what they’re getting into – and language barriers can make that a chore. Patients must be fully informed before they can give proper legal consent for a procedure. They must have a ...
More »More legal adventures in social media
Recent cases in this rapidly evolving realm involve nursing, bullying, privacy, defamation and employment. This article follows two previous ones concerning bullying and the use of social media within the nursing profession; both of which generated great interest. Workplace bullying ...
More »High bar for bullying
The standard for successfully showing workplace behaviour is unreasonable is challenging. Bullying in the workplace is a serious issue within the nursing profession. Anecdotally, any nurse can recount an experience either personally or in relation to a colleague. On January ...
More »Cause is what counts
Plaintiffs must show a negligent act led to suffering in order to win. In any medical negligence case it is for the patient to prove their accusations on the balance of probabilities. One of the elements of a medical negligence ...
More »Reinstatement – apply with care
A sloppy, poorly constructed application can doom a deregistered worker’s hopes. The process of applying for reinstatement to the nurse’s register, having been suspended, is not to be taken in a cavalier fashion. The neatness or sloppiness of the application ...
More »Question patients with caution
Nurses frequently collect personal information; that means they must be mindful of privacy laws and standards. George Clooney surely spoke for many when he understandably said, “I don’t like to share my personal life … It wouldn’t be personal if ...
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