Explain how the tort of negligence would be applied to nurses

Explain how the tort of negligence would be applied to nurses involved in this case and outline the elements which would need to be proved in order to advance a successful claim for negligence.
FINDINGS OF THE INQUEST INTO THE DEATH OF CHRISTOPHER HAMMETT

Assignment Section One: Patient Safety
In the report of the Findings of the Inquest into the death of Christopher Hammett the Coroner, Dr John Hutton, with expert testimony from an anaesthesiologist, Dr Keith Greenland concluded that the care of Mr Hamment included a series of human errors, that when lined up, combined and compounded to cause the death of Mr. Hamment.
A number of nurses, (Registered nurses and Enrolled nurses) were involved in Mr. Hamment’s care in the period of time from his transfer to the PACU, through time in recovery and then on the ward. In a chapter provided for you McDonald and Then, then discuss that while individuals can make errors, it also may be difficult to attribute to one person. (McDonald & Then, 2014, p. 134).

Assignment Section Two: The Tort of Negligence

  1. For section 2: Explain how the tort of negligence would be applied to nurses involved in this case and outline the elements which would need to be proved in order to advance a successful claim for negligence
    The Coroner has referred the Doctors and Nurses involved in the case to the regulating authority. There is also the potential that a civil case could be made against the parties involved. Conditions of negligence would need to be met for a court case to be successful. Using one or two of the nurses as an example, outline the elements that would need to be demonstrated in order to substantiate a claim of negligence.

Assignment Section Three: Ethical Issues

  1. For Section 3: Ethical Analysis. In addition to the legal aspects of the case there are a number of ethical issues that could be discussed in relation to the nursing care and the nurses’ testimonies. Critique the actions of the nurses (approx. 2-4 issues) using principles of ethics and considering patient’s rights. Utilize published academic texts and literature to assist your critique.
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