Duty of Care and Common Areas of Clinical Practice (Term Paper Sample)

Duty of Care and Common Areas of Clinical Practice Student Name University Course Professor Name Date Duty of Care and Common Areas of Clinical Practice Nurses are required by law to follow some prescribed guidelines when caring for their patients or people in need of assistance. Essentially, nurses have a duty of care while at work, which requires them to refrain from any words or actions that may inflict foreseeable injury to people in need of care (Vaismoradi et al., 2020). The obligation of care imposes moral responsibility on a person if they behave negligently and cause other people to suffer. In practice, to “owe a duty of care” refers to an individual's or an institution's moral obligation to avoid any propensity or omission that might reasonably be expected to cause harm to others. This principle implies that the caregiver must forecast risks for their clients and take precautions to prevent them from harm (Vaismoradi et al., 2020). Fundamentally, a nursing practitioner has a duty of care to everyone receiving support and care in their workplace. Nurses should, therefore, promote well-being and ensure that patients are kept safe from abuse, injury, and harm. If any nursing practitioner violates this obligation of treatment, they are likely to face legal consequences. Clinical Procedures That Relate to Malpractice There are noticeable medical practice sectors that often lead to an accusation of negligence. These include general treatment areas, communication, medication, surveillance, and monitoring (Croke, 2003). Claims of malpractice may result from a failure to conform to practice guidelines. Failure to follow practice guidelines is associated with an increase in malpractice lawsuits (Croke, 2003). Communication is another domain that has given rise to malpractice claims. For instance, healthcare givers should communicate clearly with patients to ensure explicit consent. Where communication is ambiguous, patients are more likely to lack informed consent, compromising their right to treatment. Claims of professional negligence may also result from drug prescription and medical monitoring. Failure to follow prescription instructions, for instance, is likely to result in medication errors (Croke, 2003). Additionally, insufficient hospital supervision can lead to unfavorable patient outcomes that may influence malpractice claims. A clinician may be held responsible for malpractice if they fail to fulfill their obligation to administer the appropriate drug for a specific condition, causing injury to the patient's health. Likewise, failure to track or give prompt medication, particularly throughout treatment schedules, can constitute a violation of the duty of care. Prevalence of Acts of Misconduct by Nurses Nursing malpractice occurs where nursing decisions are considered unreasonable depending on the conditions that fall below the standard quality of treatment, or where the nurse fails to discharge their responsibility to the patients, resulting in harm. The damage associated with the professional nursing practice is caused by negligent acts or omissions, often referred to as accidental torts (Kennerly, 2011).Similarly, deliberate acts, such as breach of the patient's privacy or battery, result in neglect. To prove criminal responsibility based on professional incompetence, the affected person must demonstrate four key elements. First, the complainant must demonstrate that they were owed a duty of care. Secondly, they must show that there was a genuine violation of duty. Furthermore, the appellant should present proof that the damage was caused by an alleged violation of duty. Ultimately, there must be proof that the complainant was harmed. The common acts of incompetence in nursing include falls and related injuries, which are occasioned by extrinsic or intrinsic factors. Extrinsic factors are those triggered by environmental or other hazards whereas intrinsic factors are those with a physiologic origin. (Currie, 2010). Other areas of negligence include faulty controls, impaired care, inability to perform planned nursing actions and to obey practice procedures, failure to provide feedback to patients, and failure to supervise medication. Nurses can also omit or refuse to meet such standards of treatment, which constitutes negligence (Croke, 2003). Another failure to observe the duty of care occurs when physicians refuse to use available resources responsibly throughout care. Irresponsibility may also manifest as an inability to provide treatment effectively. For what Activities can Health Care Entities be Held Legally Responsible? Health care organizations may be held liable for a tort involving a wrongful act perpetrated against a person by one of the organization's staff, which causes damage. In practice, employee negligence often leads to corporate liability (Kennerly, 2011). Therefore, the employer can be held vicariously liable for an employee's irresponsible behavior. These scenarios are common where a medical practitioner's negligent conduct or omission happens while operating within the framework of employment. The incompetence of independent contractors is another issue that may result in corporate liability. For instance, an incompetent agency nurse can expose a health care facility to liabilities when the nurse appears to be part of the organization’s workforce. Therefore, companies must recruit qualified staff and ensure that they provide professional care to their clients. Primarily, ...