Negligence

by: GLENN C. RIMAS, RN

Negligence
• refers to the commission or
omission of an act, pursuant to a
duty, that a reasonably person in
the same or similar circumstance
would or would not do, and acting
or the non-acting of which is the
proximate cause of injury to
another person or his property.
Nursing Negligence
The field of nursing is a time-honored position that
requires not only educational training, but also
compassion, dedication and loyalty to patients and
workplace, which means adhering to all approved
standards of care.
However, there are times when a nurse may be
accused of negligence. Understanding how
negligence is defined in nursing helps you
understand the expected roles and standards, as
well as what may be construed as negligence.
 definition

• The basic and legal definition of negligence means

breach of duty or injury. Standards of care in
nursing generally mean those practices that "a
reasonably prudent nurses would use." So a good
nurse knows and understands ethics in the medical
field and strives to provide excellent quality of care
in order to avoid negligence. However, mistakes,
which will happen, do not necessarily mean
negligence has occurred.
Elements of Professional Negligence

1. Existence of a duty of care

2. Breach of duty
3. Damage resulting from that breach
4. Harm, damages or injury
1. Existence of a duty
• Existence of a duty on the part of the person
charged to use due care under circumstances
•
2. Breach of duty
• The second element of the tort of negligence is the
misconduct itself, the defendant’s improper act or
omission. Normally referred to as the defendant’s
breach of duty, this element implies the preexistence
of a standard of proper behavior to avoid imposing
undue risks of harm to other persons and their
property, which circles back to duty.
2. Breach of duty
• Duty to do something that should have not been done, or
duty not to do something that has been done.
• Failure to meet the standard of due care
3. Damage resulting from that breach
• The Breach of duty was the legal cause of plaintiff
injury.
• For a defendant to be held liable, it must be shown
that the particular acts or omissions were the cause
of the loss or damage sustained. 
4. Harm, damages or injury
• The fact that the breach of this standard resulted in
an injury to the plaintiff
4. Harm, damages or injury

• The last element of a negligence claim is harm, the

damage a plaintiff suffers as a proximate result of a
defendant’s breach of duty. Requiring a defendant to
compensate the plaintiff for harm improperly inflicted by
the defendant is the underlying, restitutionary, objective
of the negligence cause of action.
Doctrine of Negligence
Doctrine of Negligence

1. Doctrine of “Res ipsa

Loquitur”
“ the thing speaks for itself ”
• It means that the nature of the wrongful
act or injury is suggestive of negligence
• Three conditions are required to establish
a defendant’s negligence without proving
specific conduct.
3 Condition of Res Ipsa Loquitor
• That the injury was of such nature that it
would not normally occur unless there was
a negligent act on the part of someone.
• That the injury was caused by an agency
within the control of the defendant
• That the plaintiff himself did not engage in
any manner that would tend to bring about
the injury.
Examples:

Liability for sponge left in the patient’s

abdomen
6 Forceps found inside a man’s tummy:
a medical malpractice

From exclusive news of ABS-CBN, Medical

practice was being raised up against FEU-NRMF
Medical Center for leaving 6 forceps inside a man’s
body.
Hannah (not her real name) reported that last
January 30 her live-in partner Roger was brought
to FEU-Nicanor Reyes Medical Foundation
(NRMF) Medical Center after he sustained gunshot
wounds in a robbery incident in Caloocan.
• He was operated on and was able to recover, but
the surgical wound was not closed immediately.
The hospital said it was done to be able to monitor
the patient closely.
• "They could not control the bleeding, so it was
decided to keep the OS inside the abdomen first,"
said Dr. Deane Campo-Cruz, Chief of Clinics at the
FEU-NRMF Medical Center.
• Roger life’s was recovered but after a day he died.
 
When his body was brought to the morgue, 6
forceps were recovered from his body.
• FEU-NRMF however, said they do not see any
malpractice in the incident. They said they meant to
leave the surgical equipment inside the body for the
medico-legal to examine. Thus, the Philippine
Hospital Association (PHA) supported the hospital.
• However, Roger’s family did not accept the hospital’s
explanation and planning to sue them for negligence
and reckless imprudence resulting to homicide.
 
 
Doctrine of Negligence
2. Doctrine of “ Respondeat
Superior”
“let the master answer for the acts of the
subordinate”
• the liability is expanded to include the master as well
as the employee and not a shift of liability from the
subordinate to the master
• this doctrine applies only to those actions performed
by the employee within the scope of his employment
Examples:

• Liability of a surgeon as head of the team in the

operating room. CAPTAIN of the ship.
Doctrine of Negligence

3. Doctrine of “Force
Majeure”
“you cannot stop it from happening”
• It means an irresistible force, one that is
unforeseen or inevitable.
• Act of God; fortuitous event
• circumstances such as floods, fire, earthquakes
and accidents fall under this doctrine