Analysis of Nursing Negligence: A Case Study of Duty of Care Breach

Desklib provides past papers and solved assignments for students. This report analyzes a case of nursing negligence.

Table of Contents
INTRODUCTION...........................................................................................................................................3
TASK 2..........................................................................................................................................................4
Task 3..........................................................................................................................................................5
Task 4..........................................................................................................................................................6
Conclusion...................................................................................................................................................7
REFERENCES................................................................................................................................................8
1

INTRODUCTION
In this essay, we will discuss the case of Vince who had his heart attack 5 years ago (Walton et al., 2014).
The nurse mistakenly gives metoprolol that leads to severe allergy. He has got an anaphylactic reaction
that led him into the intensive care unit. All this incidence has been occurred due to the negligence of
duty. Nurse in the organization has found to be guilty due to the duty of care breached. This incidence
drastically affects the mental health of the individual. This report will talk about the care duty of the
nurse and how it owed it. The organization has failed to follow the protocol of care duty.
2

TASK 2
Legal responsibility for an individual to conduct herself or himself to a certain standard worsening which
she or he could be accountable for negligence if damages occur in the result (Goldenberg, Volpé and
French, 2012). The duty of care is one of the fundamental aspects in a nursing profession and many
nurses considered as one of the most important parts of the professional duties. The duty of care
includes a professional duty, an ethical duty and a legal duty. During the clinical practice of nurses,
institute repeatedly informed that they are accountable for their omission and actions (Goldenberg,
Volpé and French, 2012). The nurses have a duty of care to the patient. Nurses should have
responsibilities to check the drug before giving them to the patient. It has been found in various
practices that nurses are legally liable or responsible for the mistake that they had made or acted in a
way that does not meet the set standard. It can also occur with good intention. Sometimes nurses are
very white and black in their judgment, particularly when they are stressed or frustrated ( Spamann,
2016). So condemning a staff for deteriorating in their duty of care especially if the failure was due to
ignorance or due to innocent.
3

Task 3
A duty of care breach occurs when a nurse fails to fulfil his duty of care to act sensibly in various aspects.
There are varieties of situations in which one person owes a duty of care to others and hence it can be
various situations where a duty of breach occurs (Moss et al., 2015). A duty of breaches generally occurs
when the nurses do not act in a reasonable manner in order to prevent injuries to others. If there is the
breach in the care duty, but the service user has not suffered any harm but the practice is being
considered as negligence. The nurses are still facing a disciplinary panel for misconduct and lack of
competence aspects of their care (Smolowitz et al., 2015). The nurse should be reasonable and fair
towards their work and duty. Once the duty of care is to recognize, the accuser present how the
offender breached this duty or not perform according to the set standard. The court will ask one of the
fundamental questions that whether there was a breach of a care duty is if the offender could foresee
the risk of harm to the accuser (Smolowitz et al., 2015).
The health and social care organization has set some standard for the nurses in order to perform his or
her duty effectively such as nurse has the responsibility to give medication to the patient as prescribed
by the doctors or health care practitioner without alteration in the dose and frequency. The National
Health Services has generated guidelines for nurses in order to perform their roles and responsibilities
with the health and safety of the patient should be the prime concern (Loveday et al., 2014). If it has
been found that the health care provider has not met the set standard, the care quality commission can
take legal action against them. A nurse should provide care and support to the patient without any
discrimination of race, sex, caste or gender. Several evidence suggests that in various organizations the
nursing practice has not met with the set standard. In the given case scenario of Mr Vince who has been
suffered from a duty of care breaches (Loveday et al., 2014). It has been seen that nurse is performing
negligence practice in the organization which has led to anaphylaxis reaction. Nurse in the organization
has been performing care of breaches practice as a result of which the health and safety of the patient
are at risk (Loveday et al., 2014).
4

Task 4
Suffering from any dangerous side effect, adverse reaction, injury or simply a stagnant illness because of
the negligence of nurse can tremendously affect the mental health of an individual. It can lead to
suffering from depression, develop a phobia or certain medical treatment, or patient can become
irritated or frustrated (MacArthur and Callister, 2014). In case of negligence, a legal care representative
will present the case of the defender. A legal care representative will prove the case of Mr Vince. He has
been suffering from anaphylactic reaction due to the administration of wrong medicine by the nurse. It
led to intubated in the intensive care unit. All this lead to serious damage to the health of Mr Vince. He
had been suffered from mental stress (MacArthur and Callister, 2014). A legal care representative will
prove that the case of Mr Vince has been suffering from the case of negligence practice in the
organization. He was the primary victim of a case of negligence as he has been suffering from
psychological trauma and get irritated or frustrated. The nurse has failed to perform duty as a result of
which damage or failure could have occurred (MacArthur and Callister, 2014).
5

Conclusion
This report has talked about the duty of care negligence that has been performed by a nurse in the
organization. It has been seen that nurses are not following the standard set by the NHS. They are not
serious about their roles and responsibilities which has led to adverse condition to the patient. In the
given case scenario of Mr Vince, has been suffering from the care of negligence and nurse has
performed the duty of care breached. A legal care representative has proved the case of Mr Vince.
6

REFERENCES
Goldenberg, S.D., Volpé, H. and French, G.L., 2012. Clinical negligence, litigation and healthcare-
associated infections. Journal of Hospital Infection, 81(3), pp.156-162.
Loveday, H.P., Wilson, J., Pratt, R.J., Golsorkhi, M., Tingle, A., Bak, A., Browne, J., Prieto, J. and Wilcox,
M., 2014. epic3: national evidence-based guidelines for preventing healthcare-associated infections in
NHS hospitals in England. Journal of Hospital Infection, 86, pp.S1-S70.
MacArthur, J., Hill, G. and Callister, D., 2014. Professional issues associated with the clinical research
nurse role. Nursing Standard (2014+), 29(14), p.37.
Moss, C., Nelson, K., Connor, M., Wensley, C., McKinlay, E. and Boulton, A., 2015. Patient experience in
the emergency department: inconsistencies in the ethic and duty of care. Journal of clinical
nursing, 24(1-2), pp.275-288.
Smolowitz, J., Speakman, E., Wojnar, D., Whelan, E.M., Ulrich, S., Hayes, C. and Wood, L., 2015. Role of
the registered nurse in primary health care: meeting health care needs in the 21st century. Nursing
Outlook, 63(2), pp.130-136.
Spamann, H., 2016. Monetary Liability for Breach of the Duty of Care?. Journal of Legal Analysis, 8(2),
pp.337-373.
Walton, C.T., Cooper, R., Todd, S.M., Edwards, D., Kramer, P. and Hyde, R. eds., 2014. Charlesworth &
Percy on Negligence. Sweet & Maxwell.
7