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Law
Ordinarily the term Law means a body of rules to guide human action. Definition: The law is a system of rights and obligations which the state enforces.
Green
Law-Definition:
Definition: Defined as the sum total of rules and regulations by which a society is governed, law is created by people and exist to regulate all persons
Guido
NEGLIGENCE
Negligence is the failure/ omission of an individual to do something which a
reasonably prudent person would do, or doing something which a prudent & reasonable man would not do.
NEGLIGENCE
In other words negligence is conduct that falls
below the standard of care which is established by the law for the protection of others against unreasonable risk or harm It is characterized chiefly by inadvertence,
thoughtlessness or inattention
What constitutes deficiency in service or negligence Reaction of injection Patient left unattended while there were complications.
What does not constitute deficiency in service or negligence Performance of duty to the best of ability. Adopting one out of two recognized schools of medicine. Complainant failed to establish deficiency in service. Patient having some medical history. Patient of heart attack.
Common problems for which the nurses are often found negligible are
1. Failure to use aseptic technique where required 2. Leaving a foreign object in a patients body during surgery, ie: errors in sponge, instrument or needle count in surgical cases 3. Failing to respond promptly to patient symptoms of impending disaster 4. Failing to protect an infirm patient from falling 5. Administering wrong medicine to a patient 6. Administering a medication inappropriately, IV therapy, errors resulting infiltration or phlebitis 7. Administering a care in such a manner that a patient suffers injury, eg improper handling of hot water bags burn to patient.
NEGLIGENCE
If nurses give care that does not meet the standards, they may be held liable for negligence.
Malpractice
Malpractice is a negligence or carelessness by a professional person. So, it concerns professional action and in the failure of a person , with professional education and skill to act in a reasonable and prudent manner. In other words , it is unreasonable professional conduct, lack of skill or fidelity in professional duties, evil practice or illlegal or immoral conduct.
consent which they agree upon the same thing in the same sense. Treating a person with out obtaining consent can lead to a charge of assault (unwillful attempt or threat to harm another)and / or battery(unauthorized touching of a patient)
appointments in public or local hospitals 5. The Indian Penal Code states that poisonous drugs be kept in separate containers, properly labeled and marked.
THE ACT
Section 2 of the act
Consumer means any person who hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised.
jurisdiction.
by a complainant .
Complainant: means
(a) a consumer
(b) any voluntary consumer association
ii.
iii.
It should be in writing .
No oral complains can be filed .
a women.
PREVENTIVE STEPS AGAINST LITIGATION Precautions may be summarized as Dos & Donts SOME DOS -Mention your qualifications on the prescription. -Mention date & timing of consultation. -Mention age, sex, weight (child). -In complicated cases record history of illness & physical findings about the patient.
SOME DOS
-Avoid vague or nonspecific terminology. -Record history of drug allergy. -Mention additional precautions eg; food, rest. -In case of any deviation from standard care ,
mention reason .
SOME DONTS
-Do not hesitate to discuss the case with your colleagues. -Do not hesitate to discuss the case with patients or attendants. -Do not allow substitutions.
LIMITATION
Limitation period : the district forum ,the state commission or the national
commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.
Clients Rights
Clients are protected by law (invasion of privacy) against unauthorized release of personal clinical data, such as symptoms, diagnoses, and
treatments.
Clients Rights
Confidential information, however, may be released
with the clients consent. Information release is mandatory when ordered by a court or when state statutes require reporting child abuse, communicable diseases, or other incidents. Nurses have a legal and ethical responsibility to become familiar with their employers policies and procedures information. regarding protection of clients
Clients Rights
Medical records are the key written account of such client
information as signs and symptoms, diagnosis, treatment, and
responses to treatment.
These records contain important data for insurance and other expense claims and are used in court in the event of litigation. Health professionals are becoming more aware of the implications of clients rights as society in general becomes more aware of every human beings basic rights.
care.
2. The client has the right to obtain from his or her physician complete current information concerning diagnosis, treatment, and prognosis in terms the client can be reasonably expected to understand.
the client has the right to such information to know the name of
the person responsible for the procedures or treatment. 4. The client has the right to refuse treatment to the extent permitted by law and to be informed of the medical consequences of his or her action.
confidential.
7. The client has the right to expect that within its capacity a hospital must make reasonable response to the request of a client for services.
payment.
12. The client has the right to know what hospital rules and regulations apply to his or her conduct as a client.
employee from injury, the nurse manager must ensure that all
patient care equipments are fully functional and defective equipments are promptly repaired or replaced.
competence
7. Prioritizes patients rights and welfare first in
decision making
procedures
Numerically
Geographically
discharge summary