AIIMS Manglagiri NO - 2019
Forensic Nursing & Indian laws
Medium

An example of legal issues in nursing practices:-

Appeared in: AIIMS Manglagiri NO - 2019

Explanation

  • An error in the instrument count in the operation theatre is a form of professional negligence, which is a major legal issue in nursing.
  • This act constitutes a breach of the duty of care, where the nurse fails to meet the expected standard of practice.
  • Leaving a foreign object inside a patient can cause significant harm, including infection, injury, and the need for additional surgeries, leading to legal liability.
  • This type of error is often considered 'res ipsa loquitur' ('the thing speaks for itself'), meaning negligence is presumed because such an event would not occur without it.

Why Other Options Were Wrong

  • Option A: Staff absenteeism is an administrative or human resources issue concerning employee attendance and staffing levels.
  • Option B: Long working hours are a labor and employment issue, related to workplace conditions and regulations.
  • Option D: Salary is a contractual and employment matter between the nurse and the healthcare facility.

Related Visual

A flowchart illustrating the steps of a proper surgical count procedure: the initial count, the count before closing the first layer, and the final count before skin closure, hi...
Clinical Relevance
  • Nursing practice connection: Knowing Identification of legal issues in nursing practice, specifically professional negligence helps nurses interpret findings accurately and avoid errors in routine assessment, medication administration, and patient teaching.
  • The circulating and scrub nurses have a legal and professional responsibility to perform accurate surgical counts to prevent retained surgical items (RSIs). This is a critical patient safety measure.
  • An incorrect count requires immediate action, including notifying the surgeon, recounting, and potentially ordering an intraoperative X-ray before the patient leaves the operating room to locate the missing item.
  • Failure to follow established count policies can result in legal action against the nurses and the hospital, as well as disciplinary action from the nursing council, including license suspension.
How to Approach the Question
  • First, read the question carefully to understand what it is asking. The question asks for an example of a 'legal issue' in 'nursing practice'.
  • Analyze the options to differentiate between issues related to direct patient care standards and those related to employment or administration.
  • Option A (Absenteeism), B (Long hours), and D (Low salary) are related to the nurse's employment conditions and the work environment. They are managed by HR or administration.
  • Option C (Error in instrument count) directly relates to a nurse's professional duty and standard of care during a procedure. A failure in this duty has direct legal consequences for patient safety.
  • Conclude that the error in instrument count is a clear example of professional negligence, which is a primary legal issue in nursing practice.
Concept Tested & Keywords
  • Concept Tested: Identification of legal issues in nursing practice, specifically professional negligence.
  • Stem keywords: legal issues, nursing practices
  • Lead-in keywords: An example of
  • Negative lead-in flag: false

Question ID

QO8rnLV-iI8SJO2TjYlamu

Reference Book

E6 Principles and Practice of NURSING Management Leadership for BSc NursingJogindra Vati — Subpart C (pp 679-1002 of 1017) p. 290-292

E6 Principles and Practice of NURSING Management Leadership for BSc Nursing 3rd Edi Jogindra Vati — Subpart A (pp 26-339 of 1017) p. 277-279

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