A Assault, Battery And False Imprisonment ( The Nurse )

Duty of Care: best interest; defensible decision making; contextualising behaviour; identification of positive and negative risks

At the first stage of the Anns test, two questions arise: “The first question is whether the circumstances disclose reasonably foreseeable harm and proximity sufficient to establish prima facie duty of care. The first inquiry at this stage is whether the case falls within or is analogous to a category of cases in which a duty of care has previously been recognized. The next question is whether this is situation in which a new duty of care should be recognized. At the second stage of the Anns test, the question still remains whether there are residual policy consideration outside the relationship of the parties that may negative the imposition of a duty of care. It is useful to expressly ask, before imposing a new duty of care, whether despite foreseeability and proximity of relationship, there are other policy reasons why the duty should not be imposed. This part of test only arises in cases where the duty of care asserted does not fall within a recognized category. The trial judge concluded that the pleadings disclosed a cause of action in negligence and that the plaintiffs should be permitted to bring a class action”.

Assignment 304 Principles for implementing duty of care in health , social care or children's and young people's settings

At change of shift, a nurse who is working days in a nursing home is told by the night nurse, “Mr. Jones is always tied in a vest restraint at night, just to make sure he doesn’t get out of bed and fall, but he’s really upset. He just doesn’t understand it’s for his own good.” The nurse quickly reviews Mr. Jones’s record. He is noted to be a competent, compliant adult, without a psychiatric history or evidence of mental disorientation. He takes no medications that would alter his mentation. When the nurse enters the room, Mr. Jones is weeping. He states, “I feel like a criminal being tied up. I’ve urinated in my bed because no one answered my call light. I’m so

There are two common factors that must exist before the law says a duty of care exists, which are

The two provisions from the Nursing Code of Ethics that were violated are Provision 2 and 3. Provision 2 states “the nurse’s primary commitment is to the patient, whether an individual, family, group, community, or population” (Brown, Lachman & Swanson, 2015). Provision 2 focuses on “the nurse’s obligation to assure the primacy of the patient’s interests regardless of conflicts that arise between clinicians or patient and family”(Brown, Lachman & Swanson, 2015). Provision 2 was violated because the nurses

In certain situations, a duty of care is owed to another person. For example, a surgeon owes a duty of care to whoever they operate on. The existence of a duty of care is established by the Neighbour Test which was brought in by Lord Aitken after the Donoghue v Stevenson case;

It is essential to manage risks associated with conflicts or dilemmas between an individual’s rights and duty of care by finding a level of balance. It is important that the care giver put personal feelings aside and look objectively at the situation. The right action should always be taken even if emotionally this is hard to do.

If the defendant would have adhered to the numerous safeguards for nurses, it could have prevented the alleged wrongdoing. According to the American Nurses Association’s Code of Ethics for Nurses, nurses must advocate for proper assistance for coworkers when indicated. This supports nurses in early recovery when they return to work (O’Neil, 2015). If the coworkers of the defendant would have recognized her issue and spoken up prior to December 9th. 2015, than this hearing could have been prevented. It is the nurse’s ethical responsibility to safeguard the patient, the public, and the profession from prospective harm when a nurse appears to be impaired. This can be

Unit 304 - Principles for implementing duty of care in health, social care or children’s and young people’s settings

Unit 054 Principles for implementing duty of care in health and social care or children's and young people settings

On Thursday 12/24/2015 at approximately 2307 hours. Security Officer Omar Alonso (420) was contacted by E.D. Charge Nurse Sharey Selover about an uncooperative intoxicated male patient, Jose D. Gonzalez (DOB: 03/30/1977; FIN# 85006354), come in through the EMS Offload area. Officers Alonso and Ayuso reported to the call and observed an intoxicated male being wheeled into the Special Care Unit (SCU) E.D. room # 39. According to his assigned Nurse Sara Lopez, the patient had been involved in a physical altercation and had been kicked hard in the groin area. Patient did not behave badly or disruptive once he saw that Security were present and his Nurse was able to get his vitals, blood work, and urine without having any issues. Security staff

On Wednesday 09/21/2016 at approximately 2056 hours, Security Officers Lourdes Garay and Supervisor Steven Evans were dispatched to ICU room #4112 for a (53B) Disorderly Baker Act Patient in Medical Unit. Upon arrival, Officers saw Nurse Cassandre Jermaine and Charge Nurse Cristina Sisneski attempting to calm down an irate Baker Act patient. The patient Adam Bargar (DOB: 02/05/77, FIN #86198457) was upset about not being able to make a phone call, he then ripped his IV out and attempting to leave the unit. I explained to him what a Baker Act patient is allowed to do and what limitations are obligatory. He was also explained to him that he was not allowed to leave his room until medically clear by his Physician. Security staff was asked to stand

Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be

“In the majority of cases that come before the courts, whether the defendant owes the plaintiff a duty of care can be determined from precedent created by earlier cases; for example manufacturers of goods owe a duty of care to consumers, motorist owe a duty of care to other road users, boat captains owe a duty of care to their passengers, teacher owe a duty of care to their students, occupier owe a duty of care to persons who come on to their property. . (Andy Gibson, Douglas Fraser, Business Law 5th edition, Pearson 2011 page No.165, 166 and 169).”