NUR1113 Lecture Notes - Lecture 6: Contributory Negligence, Wrongful Death Claim, Health Professional
NUR1113 – Law, ethics and an introduction to leadership in nursing and midwifery
Module 6 – Negligence in the healthcare environment
Learning Objective 1: Demonstrate a basic understanding of the purpose and development of the law of negligence in
Victoria
Negligence: A failure to behave with the level of care that someone of ordinary prudence would have
experienced under the same circumstances. The behaviour usually consists of actions, but can also consist
of omissions when there is some duty to act
Negligence in health care: Negligence in health care is the failure to provide a client with proper
professional care that results in injury
Law of negligence allows recourse for people who feel:
1. That a person who owed them a duty failed in that
duty, resulting in some damage
2. Causing damage to another because of a failure to
exercise reasonable care
3. Doing something that a reasonable person would
not; or the omission to do something which a
reasonable person would do
4. ** Needs to result in damage **
Purpose:
(a) Amend the Wrongs Act 1958 in relation to
i. Negligence
ii. Contributory negligence
iii. Mental harm
iv. The liability of public authorities
v. Damages for injury of death
(b) To amend the Wrongs and Limitations of Actions Act (Insurance Reform) Act 2003 in relation to
proportionate liability
(c) To amend the Victorian Managed Insurance Authority Act 1996 to empower the Authority to
insure or indemnify other persons and bodies
(d) To amend the Building Act 1993 in relation to insurance for domestic building work
Wrongs Act 1958 (VIC) → amended in 2003
• Protect volunteers and good Samaritans from the risk of being sued
• Esued that saig so does ot epresent an admission of liability (to encourage the making of
apologies when adverse events occur)
• A court cannot award damaged for non-economic loss such as pain and suffering unless the injury
involves
o A whole person impairment of more than 5%
o Permanent psychiatric impairment of more than 10%
• Time limitations for bringing proceedings:
o 3 years adults
o 6 years children
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Background:
• The Tito Report in 1995 found 400,000 adverse patient outcomes with 230,000 being preventable
• Some ended up in court, with the majority being won by health professionals
• In late 99s ↑ i egligee ases → no clear statistics or further research to determine key
strategies
• Retired judge as gie a ole to eaie a poles ith eistig la
• Around this time there was a downfall of many insurance companies → problems for health care
professionals and employers (hospitals etc) regarding indemnity insurance
• Insurance companies were reluctant to over coverage as too much $$$$
• In 2000 the initial response was to significantly curtail the rights of those who could sue in
negligence
o Statutory limits (as legislation) were imposed in a number of states
o NSW, QLD and VIC being the first to react
Medical negligence cases:
• Listed in the County Court in the Medical Division of the Damaged and Compensation List
• 2 judges manage/supervise the medical negligence cases
o Judge Saccardo and Lawson alternate
o Judge Saccardo (Feb 2012) highlighted the difficulties in this area
▪ Negligee ases ae highl ople as the aggieed patiet has little o o
udestadig as to ho o h the outoe as ot the oe epeted
▪ The plaitiff Patiet is usuall less tha hale & heat at the tie of treatment
▪ The majority of cases rely on expert evidence
▪ Takes approx. 36 months for most cases to be resolved
Adverse events → unintentional injuries to patients which resulted in a temporary or permanent disability,
prolonged length of stay or death and which was caused by healthcare management and not by the patients
underlying disease. Examples include:
• Administration of incorrect medication
• Incorrect doses of medication
• Failure to notice significant test results or understand the significance of the results
• Injuries such as infections or perforation occurring during surgical interventions
• Incorrect or missed diagnosis
• Procedures involving the wrong patient or wrong body part
• The most common contributing factor is lack of, or breakdown in, the rules/practices/procedures of the
health professionals involved
Learning Objective 2: Discuss the elements which comprise an action in civil negligence
Four elements of Negligence
1. Duty of Care: The patient is owed a duty of care by the health professional
o Proximity
o Foreseeability
2. Breach of the duty of care: There was a breach of
that duty by the health professional
o Bolam Principle
3. Damage: The patient suffered damage which was
reasonably foreseeable.
4. Causation: Caused by the conduct of the negligent
o But for test
o Remoteness
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Nur1113 law, ethics and an introduction to leadership in nursing and midwifery. Module 6 negligence in the healthcare environment. Learning objective 1: demonstrate a basic understanding of the purpose and development of the law of negligence in. Negligence: a failure to behave with the level of care that someone of ordinary prudence would have experienced under the same circumstances. The behaviour usually consists of actions, but can also consist of omissions when there is some duty to act. Negligence in health care: negligence in health care is the failure to provide a client with proper professional care that results in injury. Purpose: (a) amend the wrongs act 1958 in relation to. Contributory negligence: negligence, mental harm, damages for injury of death. Background: the tito report in 1995 found 400,000 adverse patient outcomes with 230,000 being preventable, some ended up in court, with the majority being won by health professionals. Insurance companies were reluctant to over coverage as too much 94569456
