AIIMS Raipur NO - 2019 (Shift-1)
Forensic Nursing & Indian laws
Medium

Which of the following legal act of nursing comes under Negligence?

Appeared in: AIIMS Raipur NO - 2019 (Shift-1)

Explanation

  • Negligence is an unintentional tort defined as the failure to act as a reasonably prudent nurse would in a similar situation.
  • A nurse's duty includes continuous patient monitoring and assessment.
  • Failing to report a significant change in a patient's condition to the physician or supervisor is a breach of this fundamental duty.
  • This failure can lead to delayed treatment, worsening of the patient's condition, or even death, thereby establishing causation and harm.

Why Other Options Were Wrong

  • Option B: Invasion of privacy is classified as an intentional tort, not negligence. It involves a deliberate act, such as disclosing confidential patient information without authorization.
  • Option C: False documentation is a form of fraud, which is an intentional tort. It involves deliberately recording incorrect information or altering a patient's record for deception.
  • Option D: Although a medication error is also a form of negligence, the failure to report a change in condition (Option A) represents a more fundamental breakdown in the nursing process of assessment and communication, which precedes most other interventions.

Related Visual

A flowchart illustrating the four elements of negligence Duty, Breach, Causation, Harm with nursing-specific examples for each element.
Clinical Relevance
  • Nursing practice connection: Knowing Legal issues in nursing, specifically the definition and examples of negligence helps nurses interpret findings accurately and avoid errors in routine assessment, medication administration, and patient teaching.
  • A nurse's primary role is patient advocacy and safety. Promptly reporting changes in a patient's condition is a critical component of this role and a legal responsibility.
  • Thorough and accurate documentation is a nurse's best legal defense. The patient chart is a legal document. If an action wasn't documented, legally, it wasn't done.
  • What if? If a nurse notices a patient's blood pressure has dropped significantly but waits until the end of the shift to report it, and the patient goes into shock, the nurse would be liable for negligence due to the delay in reporting.
How to Approach the Question
  • First, identify the key concept in the question: 'Negligence'.
  • Define negligence in the context of nursing. It's an unintentional failure to provide the standard of care.
  • Analyze each option to see if it fits the definition of negligence.
  • Differentiate between unintentional torts (negligence) and intentional torts (deliberate acts like fraud or invasion of privacy).
  • Eliminate options that are intentional torts (Invasion of privacy, False documentation).
  • Evaluate the remaining options. Both 'Failing to report a change' and 'Medication error' are examples of negligence. Choose the one that represents a more fundamental or primary nursing responsibility, which is assessment and reporting.
Concept Tested & Keywords
  • Concept Tested: Legal issues in nursing, specifically the definition and examples of negligence.
  • Stem keywords: legal act, nursing, Negligence
  • Lead-in keywords: Which

Question ID

QUs0TPDFECmH8F4TkeUJGK

Reference Book

E6 Nursing_Management_and_leadership_Johny_Kutty_JosephCbs_Publishers (pp 16-364 of 374) pp. 333-335, 334-336

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