DEADLINE: TUESDAY NEXT WEEK (1st to present)

HI FEEL FREE TO USAB/ADD/DELETE 😀. I dunno unsay sequence ani nig role play but yeah open for
suggestionsss
GUIDE

● The activity is a Role Play with Reporting

● The presentation is through a recorded video
● Duration of the presentation is a maximum of 30 mins.
● Avoid presenting through Dialogues
● Examples should relate to work settings and should portray the role of nurses as well as
how it affects them legally in relation to the said topic.
● Team Leaders should see to it that there is involvement and cooperation of all the group
members.

To bring
- Lab gown for the px
- Px’s chart and ballpen
- Medication
- Medication tray

To wear tomorrow
- uniform

FLOW
1. Show a quote or something in the video (serve as introduction aron dili kaayo boring og start)
2. Negligence definition
3. Type of negligence (1) Commission definition
4. ROLE PLAY (example of commission)
● Professional (Nurse) - Giving wrong medication to the wrong patient
5. Type of negligence (2) Omission definition
6. ROLE PLAY (example of omission)
● Professional (Nurse) - not helping a patient/ignoring a patient who is having trouble in
breathing
7. Malpractice, professional negligence, and nursing negligence definition
8. ROLE PLAY Examples of Malpractice (3 kabuok)
● 1. Failing to update a patient’s chart with any changes in his or her progress
○ After rounds the nurse kay nag sige ra ug phone wala dayun na update ang
charts.
● 2. Errors in administering medications
○ Pili lang ta sa rights of medication need ta ug medication ticket here
● 3. Not following doctor’s instructions
○ Dili ma sabtan ang agi sa doctor so nag bout2 raka ug carry sa order without
communicating sa physician.
9. 5 elements of professional negligence
- 1st element “duty to chuchu” ; 2nd element; etc.
10. Avoiding malpractice claims (it has been shown that nurses who have difficulty establishing
positive interpersonal relationships with patients and their families are at greater risk for being
sued)
11. ROLE PLAY
● 2 scenarios
● 1st nurse : Nasayop siya og give og meds but good iyang communication skills and
interpersonal relationship sa px and the family so wala ra gi sue sa patient.
● 2nd nurse: Nasayop siya og give og meds nya bad iyang communication skills and
interpersonal relationship sa family so gisue siya.
12. Insert text “ Nurses then can reduce the risk of malpractice claims by taking the following
actions: (then pili dayun sa list naa ras ubos, wordy raba to; e rephrase lang guro)

13. Extending the liability - Doctrine of respondeat superior

- Joint liability definition
14. Vicarious liability
- definition
15. Respondeat superior
- “the master is responsible for the acts of his servants”; one form of vicarious
liability

16. ROLE PLAY (respondeat superior)

● naay newly graduate nurse nga ga work sa hospital then assigned siya ani nga particular
patient. Naglain na ang vital signs sa patient nya the new nurse failed to properly
monitor and report it . Nagkacomplicate ang health sa patient so nasuko ang family to
both the Hospital and the nurse assigned. (so bali damay apil ang hospital sa sayop sa
nurse
● a pregnant woman visiting a hospital for a routine visit who complains of severe
abdominal pain but is forced to wait for an hour and a half, resulting in an emergency
C-section and a baby born with brain injuries, may have grounds to sue for negligence. In
that situation, a reasonably prudent nurse would likely recognize signs of fetal distress
and make sure that the patient saw a physician in a timely fashion. The nurse may be
held directly liable, while the hospital may be held vicariously liable for the nurse's
negligence. If it turns out that the nurse is not qualified to provide care, and the hospital
should have inquired further into some aspect of her background before hiring her, the
hospital might be held responsible under a theory of negligent hiring.
 “Medical malpractice is a lawsuit rooted in professional negligence. It often requires an act or
omission by a healthcare provider in which the conduct (usually the treatment provided or
withheld) falls below the accepted standard of practice in the community.)”

NEGLIGENCE AND MALPRACTICE

Negligence (may be done by a non-professional)

- A general term that denotes conduct lacking in due care; carelessness
- Failure to do something which a reasonable and prudent person should have done
Types
1. Commission- wrongdoing; that someone performs an act negligently
EXAMPLE - ROLE PLAY
❖ Non-professional - Someone driving at an excessive speed
❖ Professional (Nurse) - Giving wrong medication to the wrong patient

2. Omission - total neglect of care; someone fails to act at all

EXAMPLE - ROLE PLAY
❖ Non-professional - a lifeguard who fails to jump in and save a drowning child
❖ Professional (Nurse) - not helping a patient/ignoring a patient who is having trouble in
breathing

Malpractice (professional)
- the failure of a person with professional training to act in a reasonable and prudent
manner—also is called professional negligence
Professional Negligence -
- When a professional fails to perform their responsibilities to the required standard or
breaches a duty of care. This poor conduct subsequently results in a financial loss
Nursing Negligence
- Negligence in nursing occurs when the care provided by a nurse fails to meet a reasonable
standard, resulting in mental and/or physical suffering for a patient

EXAMPLES - ROLE PLAY (choose lang)

1. Failing to respond to a patient in a timely manner
2. Failing to call a physician for assistance, when needed
3. Failing to update a patient’s chart with any changes in his or her progress
4. Using incorrect abbreviations on a patient’s chart
5. Failing to accurately record a patient’s condition in their chart
6. Failing to feed a patient
7. Failing to ensure that all medical equipment is working properly
8. Purposely making an error during routine care such as when drawing blood or taking a
patient’s blood pressure
9. Errors in administering medications
10. Misusing a medical device
11. Losing, damaging or misusing documentation
12. Failing to properly monitor a patient and missing a change in their vital signs
13. Not following doctor’s instructions.

5 ELEMENTS OF PROFESSIONAL NEGLIGENCE

5 elements of professional negligence (read this lang as a guide para masabtan ang table hehe)
1.First, a standard of care must have been established that outlines the level or degree of quality
considered adequate by a given profession.
2. Second, after the standard of care has been established, it must be shown that the standard was
violated —there must have been a breach of duty.
3. Third, the nurse must have had the knowledge or availability of information that not meeting the
standard of care could result in harm. This is called foreseeability of harm.
4. The fourth element is that failure to meet the standard of care must have the potential to injure the
patient
5. The final element is that actual patient injury must occur

AVOIDING MALPRACTICE CLAIMS

- It has been shown that nurses who have difficulty establishing positive interpersonal
relationships with patients and their families are at greater risk for being sued.
- Communication that proceeds in a caring and professional manner has been shown
repeatedly to be a major reason that people do not sue despite adequate grounds for a
successful lawsuit.
ROLE PLAY
- 2 scenarios
- 1st nurse : Nasayop siya og give og meds but good iyang communication skills and
interpersonal relationship sa px and the family so wala ra gi sue sa patient.
- 2nd nurse: Nasayop siya og give og meds nya bad iyang communication skills and
interpersonal relationship sa family so gisue siya.

Nurses then can reduce the risk of malpractice claims by taking the following actions:
● Practice within the scope of the Nurse Practice Act.
● Observe agency policies and procedures.
● Model practice after established standards by using evidence-based practice.
● Always put patient rights and welfare first.
● Be aware of relevant law and legal doctrines and combine such with the biological,
psychological, and social sciences that form the basis of all rational nursing decisions.
● Practice within the area of individual competence.
● Upgrade technical skills consistently by attending continuing education programs and seeking
specialty certification.

EXTENDING THE LIABILITY- DOCTRINE OF RESPONDEAT SUPERIOR

RECENT YEARS
JOINT LIABILITY - in which the nurse, physician, and employing organization are all held liable, has
become the current position of the legal system

1960s

VICARIOUS LIABILITY - employers are now held liable for the nurse’s acts
❖ Respondeat Superior - “the master is responsible for the acts of his servants”; one form of
vicarious liability
ROLE PLAY - naay newly graduate nurse nga ga work sa hospital then assigned siya ani nga
particular patient. Naglain na ang vital signs sa patient nya the new nurse failed to properly
monitor and report it . Nagkacomplicate ang health sa patient so nasuko ang family to both
the Hospital and the nurse assigned. (so bali damay apil ang hospital sa sayop sa nurse)

TAKING LEGAL ACTION AFTER HOSPITAL OR NURSE NEGLIGENCE

ROLE PLAY (got this from notes)

- a pregnant woman visiting a hospital for a routine visit who complains of severe abdominal
pain but is forced to wait for an hour and a half, resulting in an emergency C-section and a
baby born with brain injuries, may have grounds to sue for negligence. In that situation, a
reasonably prudent nurse would likely recognize signs of fetal distress and make sure that the
patient saw a physician in a timely fashion. The nurse may be held directly liable, while the
hospital may be held vicariously liable for the nurse's negligence. If it turns out that the nurse
is not qualified to provide care, and the hospital should have inquired further into some
aspect of her background before hiring her, the hospital might be held responsible under a
theory of negligent hiring.
If you can establish a hospital or nursing negligence claim, you may be able to recover damages. These
will likely include medical expenses arising from the harm that you suffered due to the negligent acts
or omissions, as well as pain and suffering, mental anguish, and loss of income.