Tort Law contd Types of liability Personal liability each professional is

Tort law contd types of liability personal liability

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Tort Law (cont’d) Types of liability Personal liability: each professional is responsible for his or her own actions. Supervisor liability: supervisors are responsible for the actions of those working under their direction. Employer liability: employers can be held responsible for actions committed by employees.
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Tort Law (cont’d) Employer responsibilities include Hiring qualified persons Maintaining a safe work environment Providing supervision and direction of employees Providing education
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Common Causes for Malpractice Suits Burns: from hot water, heating pads, lights, malfunctioning equipment, too-strong solutions, showers, baths Falls: out of bed, while ambulating, due to wet floors, defective equipment, over-sedation Failure to observe and take appropriate action: refusing to answer call lights, orthopedic injuries, not taking vital signs, leaving patients alone
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Common Causes for Malpractice Suits (cont’d) Medication and injection errors Dispensing meds as an RN Mistaken identity: meds, procedures, surgery Failure to communicate: not informing MD of patient problems; poor shift reports; inability to reach MD Abandonment: leaving a patient alone who should not be left alone—double shifts?
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Common Causes for Malpractice Suits (cont’d) Loss or damage to patient property: dentures, clothing, hearing aids Things left in patients during surgery: res ipsa loquitur— the thing speaks for itself Lack of informed consent: permission must be Voluntary (no coercion) Informed (person must clearly understand choices and what is to be done)
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Issues in Health-Care Litigation Informed consent Both a legal and an ethical issue The voluntary permission by a client or by the client’s designated proxy to carry out a procedure on the client Claims that they did not grant informed consent before a surgery or invasive procedure can form the basis of lawsuits
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Issues in Health-Care Litigation (cont’d) Informed consent (cont’d) The physician must provide this information. Information required Treatment proposed Material risk involved (potential complications) Acceptable alternative treatments Outcome hoped for Consequences of not having treatment
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Issues in Health-Care Litigation (cont’d) Patient Self-Determination Act Federal law that requires that all federally funded institutions inform clients of their right to prepare advance directives. Advance directives encourage clients to discuss and document their wishes concerning the type of treatment and care that they want (i.e., life-sustaining treatment) in advance. This eases the burden on their families and providers when it comes time for a
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Issues in Health-Care Litigation (cont’d) Patient Self-Determination Act (cont’d) Two types of advance directives Living will: Document stating what health care a client will accept or refuse after the client is no longer competent or able to make that decision.
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