NEGLIGENCE AND MALPRACTICE

NEGLIGENCE

- an act of omission or commission

CRIMINAL NEGLIGENCE2 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:1. Existence of a duty

2. Failure to perform that duty

3. 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 loquitorb. respondeat superiorc. respondeat loquitord. 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 dutyb. it is the nurse’s duty to protect the patient from

injuryc. an injury resulted from the nurse’s failure to do

her dutyd. 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 imprudenceb. professional negligencec. malpracticed. 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