Question

How are hospitals liable for acts of individual nurses, even if no lawsuit is brought against the individual nurse?

Review the American Disabilities Act of 1990 and the Civil Rights Act of 1991. How do nurses comply with these two acts in providing competent care to patients?

Why should nurses be concerned about learning contract law? How does such knowledge assist in their future employment?

Answer 1

Ans :

1. How are the hospital is liable for act of individual nurse , even if no lausuit brought against the nurse individual :

- All medical professionals including doctors, nurses and other health care providers are responsible for the health and safety of their patients and they are want to fulfill the aim of provide High quality care to the patient.

- Sometimes medical professionals unable to provide quality health care and do the act of malpractice or negligence , which may cause complications like personal injuries and even death.

- Hospital is liable for the act of any negligence done by individual nurse. Hospital liability with respect to medical negligence can be direct liability or vicarious liability. Direct liability refers to deficiency of hospital itself. Vicarious liability means the liability of an negligence act of its employees.

- A hospital can be held vicariously liable on numerous grounds on different occasions. Several high court judgements have held hospitals vicariously liable for damaged caused to the patient by negligent act of their staff .

- Hospital must do it by the staff which they employ; and if their staffs are negligent in giving treatment, they are just as liable for that negligence as anyone else who employees other to do his duties for him.

- The hospital authorities are usually held liable for the negligence occuring at the level of any of such personal.

In this way hospital liable for the act of individual nurse as well as all heath care professional related to hospital.

2. How do nurse comply with American disability act of 1990 and civil act of 1991 two acts in providing competent care to patients?

- The American with disability act of 1990 (ADA) is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the civil rights act of 1964 , which made discrimination based on race , religion, sex , national origin and other characteristics illegal and later sexual orientation .

- The Civil rights act of 1991 is a united states labor law , passed in response to United States supreme court decision that limited the rights of employees who had saued their employees for discrimination.

- According to these two law , nurse should be considered all patients same for care of treatment. She must be provide quality of care with any difference.

- These two act protects the right of equality of individual and nurse should be know about it.

- While providing treatment and nursing care she must be give same Nursing care to all patients and avoid any type of discrimination by the sex, origin, colour etc.

3. Why should nurse consent about learning of contract law? How does this knowledge assist in future employment?

- A contract is a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement.

- A contract is legally enforceable because it meets the requirements and approval of the law.

- Nurses are expected to function within the legislation, legal policies, statutes relevant to the profession and practice setting, and professional standards . Nurses must know the rights and obligations of nurses in interactions with patients, families of patients and other nurses, and other health care practitioner.

- Contract involves promises , either current or in the future, that are enforceable or otherwise recognisable at low if Contract.

- Contract to be valid for certain elements must be exist. -

* Capacity to enter in Contract

* An offer accepted by the officer.

* Legal consideration for money or conduct

* No defence that would render the contract void e.g minority or bad faith.

* Contract law is an important aspect of nursing practice. If u have been hired under a contract of employment or an employment agreement , your position is governed by that Contract. The contract most probably include provision regarding salary, health benefits, leaves, length of contract .

- Contract law also applies to health care generally. For example - if you are an advanced practice nurse and promise it warrant to a patient that you will cure the health problems the patient initially saw you for , and they dose not happen, the patient can file a suit alleging an express contract was formed but he was not cured . The damages the patient would seek in this suit are the monies he expended during the treatment.

- Also Contract law consist of consent form for certain procedures, witness for legal documents, , witness signature for certain conditions.

- In this way knowledge of contract law is important for every Nurse for bright future. If individual fails to complete contract then he or she will be punishable by court.

- While filing of contract nurse must be read all terms and conditions related to employment, do not warrant to patient for cure from disease, check your facility or agency policies regarding witness for personal legal documents ect.

- In this way Contract law helps the nurse for future employment .