Prenatal maternal behaviour.
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Biomedical subjects
Publications and source records attributed to B Dimond.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
Explore the source record for details and available documents.
With the recent developments in healthcare now coming into effect, it is necessary to consider rights to healthcare, the balance of supply and demand and the role of the nurse practitioner as patient advocate.
The nurse is accountable for her actions. A defence of 'obeying orders' will not always be acceptable. Decisions made by mentally competent adults prevail. A living will is not recognized in the English legal system. Relatives do not have the legal power to make treatment decisions on behalf of a mentally incapacitated adult but their views should be sought. The practitioner must act in the patients' best interests but this does not mean that life should be preserved regardless of quality.
The first article in this series examined the nurse's duty to act at the scene of an accident. This article explores this theme further by looking at the legal implications and the four arenas of accountability.
The first and second articles in this series considered whether there was a duty in law to volunteer help when there was no pre-existing duty to do so and discussed the standard of care that should be followed. This article examines the volunteer's rights if he/she is injured while assisting at an accident.
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Liability can arise from failure in performing basic nursing duties. Witnesses of fact give evidence of what they saw, heard and recorded. Expert witnesses outline the standards of practice which could have been expected. A caused link must be established between failure in practice and the harm that arose. Pressure sore injuries can lead to large claims for compensation. Records can be one of the most important factors in the competence of the witness in giving evidence.
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The courts apply the standard of the reasonable professional exercising a particular skill to determine liability. This is known as the Bolam test. If there is a body of competent professional opinion that supports the defendant's actions, a claim for negligence will fail. The standards applied are those that were acceptable at the time of the alleged negligence. Lower locally agreed standards would not be accepted in place of higher national ones. The courts do not accept a concept of team liability. Lack of resources is not an acceptable defence to a failure to provide the correct standard of care. Standards in NHS agreements are not enforceable by the patient but may be of evidential value in litigation.