Health Law And Ethics: Negligence In Health Care
Negligence
Marsha Ruckle
University of Phoenix
Health Law and Ethics
478
Francis E. Mieckzowski, Jr.
March 11, 2013
Negligence
Health care providers, including nurses, have a responsibility to provide competent and safe care to their patients. When an unsuccessful or unfortunate medical outcome occurs, whether it is from negligence, gross negligence, or malpractice, the legal system often is called in to action. The health care setting is a complex arena with much potential for error and it is a common understanding that in a hospital an error will occur which often results in harm to the patient (Day, 2010). Thankfully hospitals are becoming more safety conscious and are instituting new safety standards that draw attention to individual …show more content…
In other words, if one fails to use reasonable care and it results in damage or injury to another person. Gross negligence has been defined as negligence that is marked by total disregard for the rights of others and total indifference to the consequences of a particular act. Malpractice refers to improper or negligent practice and a failure to exercise a degree of professional skill by one who is providing a service (such as a physician) and results in injury, loss, or damage (negligence, gross negligence, malpractice, 2012). In a court of law all must be proven by what is known as clear and convincing evidence. What is meant by clear and convincing evidence is "the measure of the degree of proof that will produce in the mid of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established” (Thornton, 2006, p. …show more content…
I use this principle because the intent is to do no harm and the patient’s welfare should be the caregiver’s primary concern. In this simulation, the health care team did not appear to have the patient’s welfare as their primary concern or proper protocol would have been followed and the wrong site mishap would have been avoided. Another ethical principle that any health care worker should operate under is nonmaleficence because you should not intentionally inflict harm upon another individual. I do not believe this event was done intentionally or maliciously, however, so I do believe all health care workers on this team used this
Marsha Ruckle
University of Phoenix
Health Law and Ethics
478
Francis E. Mieckzowski, Jr.
March 11, 2013
Negligence
Health care providers, including nurses, have a responsibility to provide competent and safe care to their patients. When an unsuccessful or unfortunate medical outcome occurs, whether it is from negligence, gross negligence, or malpractice, the legal system often is called in to action. The health care setting is a complex arena with much potential for error and it is a common understanding that in a hospital an error will occur which often results in harm to the patient (Day, 2010). Thankfully hospitals are becoming more safety conscious and are instituting new safety standards that draw attention to individual …show more content…
In other words, if one fails to use reasonable care and it results in damage or injury to another person. Gross negligence has been defined as negligence that is marked by total disregard for the rights of others and total indifference to the consequences of a particular act. Malpractice refers to improper or negligent practice and a failure to exercise a degree of professional skill by one who is providing a service (such as a physician) and results in injury, loss, or damage (negligence, gross negligence, malpractice, 2012). In a court of law all must be proven by what is known as clear and convincing evidence. What is meant by clear and convincing evidence is "the measure of the degree of proof that will produce in the mid of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established” (Thornton, 2006, p. …show more content…
I use this principle because the intent is to do no harm and the patient’s welfare should be the caregiver’s primary concern. In this simulation, the health care team did not appear to have the patient’s welfare as their primary concern or proper protocol would have been followed and the wrong site mishap would have been avoided. Another ethical principle that any health care worker should operate under is nonmaleficence because you should not intentionally inflict harm upon another individual. I do not believe this event was done intentionally or maliciously, however, so I do believe all health care workers on this team used this