Know How Legislation and Policies Are Relevant to Positive Risk Taking

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

A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia

Negligence is when someone is failing to do something that a reasonable person would do in a similar situation or, doing something that a reasonable person did not do in a similar situation.

Negligence, failure to take reasonable care to avoid causing an accident or loss to another person. A colleague who is supposed to carry a patient from one ward to another was rather talking to someone on his way and crashed into some one. This

Every health professional has a duty of care to patients. Specifically, it is nurses who play an important role in quality and safe delivery of patient care. They have the major responsibility for the implementation of policies and procedures in an organisation. Thus, it is essential that all organisations support their staff from all levels of care to deliver the best service in every patient. In addition, every organization is required to offer unwavering encouragement and resources to support staff to perform their duty of care to the best of their ability. The high incidence of risk in the health care settings such as adverse events, near misses, errors, and other clinical incidents have created great concerns for healthcare organizations. Not only they have effects on patients, but also they have showed significant impact on socioeconomic status. For this reason, it is expected that all health care professionals will engage in all elements of risk management to ensure that there is delivery of quality and safe patient care. This paper will critically discuss three (3) episodes of care from the case study Health Care Complaints Commission [HCCC] v Jarrett [2013] Nursing and Midwifery Professional Standards Committee of New South Wales [NSWNMPSC] 3 in relation to Registered Nurse’s [RN] role as a leader in the health care team, application of clinical risk management [CRM] in health care domains, accountability in relation to clinical governance [CG], quality improvement

Negligence refers to any cause of any action or omission, where a person may assert a civil tort case and claim against another individual. Anyone that files a negligence lawsuit will need to prove four elements to negligence, in a court of law. If the plaintiff is successful in proving their case, then the judge will award damages.

Consequently this lead to research into risk, being adopted through an ‘artefact’ approach, framing risk as a static, objective reality pliable to measurement and probabilistic calculations (Horlick-Jones, 1998). Within the social world this has been

Negligence is the failure to use such care as a reasonably prudent and careful person would use under similar circumstances.It is the most commonly asserted cause of action in the United States. It is conduct below that which society considers reasonable. When such unreasonable conduct is the proximate cause of injury to another person or his property, the actor may be liable in tort for negligence.Generally, negligence laws exist as a non-criminal regulator of conduct in society. Those individuals whose conduct falls below the required minimum standard of care may be liable for the resulting bodily injury, including death, and property damage.

Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss, damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011)

Negligence is defined as the failure to exercise reasonable care to avoid injuring others or the property belonging to others. This would be if somebody does not exercise the amount of care that a reasonable careful person would use under the circumstances or somebody does something that a reasonably careful person would not do under the circumstances. Fault is essential in a negligence tort and is determined by basic elements. In negligence action there

As I was saying, negligence is the breach of a legal duty to take care, resulting in damage to the claimant which was not desired by the defendant. A successful negligence suit must have three elements present.

A defendant will only be held liable, in negligence, ‘in circumstances where the law imposes a duty of such care.’ The occupier of a premises owes a duty of care to ‘take reasonable care for the safety’ of all entrants and is said to be any person who exercises

A duty of care is a persons’ responsibility to avoid acts that could be likely to cause harm to others. The onus is on the plaintiff to show that the defendant owes them a duty of care.

Duty of care is the legal obligation of person or organization to take reasonable care and measures to avoid any behaviours or omissions that could foreseeably harm others. Originally, foreseeability is the element appeared to be the sole determinant of duty of care and it was developed by the ‘neighbour’ principle – Donoghue v Stevenson. However, currently three-stage approach from Caparo Industries plc v Dickman is the latest test, which consist of foresight, proximity as well as fair and reasonable.

In any given case, if a reasonable man could have foreseen the consequences then a duty of care may be owed; whether it has actually arisen or not depends on the facts. The duty may be restricted or ignored completely in the following circumstances.