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Chapter 5: Duty of care and professional negligence

Chapter 5: Duty of care and professional negligence

pp. 121-149
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Summary

Chapter 2 explained the main areas of the law, including the differences between civil and criminal law. This chapter will focus on one of the main parts of the civil law that is relevant for nurses: the law of negligence. The law of negligence allows a person to bring legal proceedings against another person to correct a wrong or harm that the other person has done to them. Usually the person who has been harmed (the plaintiff) will seek payment of money (called ‘damages’) in compensation for their injury from the person whose act or omission caused the harm (the defendant).

This chapter will outline the key parts of the law of negligence, with a particular focus on the special rules that have developed in relation to health-care professionals, including nurses. By understanding how the law applies to things nurses do that can cause people harm, it should be possible for nurses to better avoid acting negligently.

Keywords

  • ethics and law in nursing
  • ethics
  • law
  • nursing in Australia
  • negligence
  • duty of care
  • professional negligence
  • defending negligence
  • vicarious liability
  • non-delegable duties

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