Nurses' liability in doctor-nurse relationships
E Mary Chiarella
Special Projects and Continuing Education, New South Wales College of Nursing, NSW
PP: 006 - 010
Abstract
An exploration of the concepts of professional liability and its application to nursing, with particular emphasis on civil liability. It defines the concept of vicarious liability and explains its origins and purpose. The issue of personal liability and when this is applicable to the nurse is also addressed.
A significant part of the discussion confronts the issue of liability in doctor-nurse relationships in clinical practice.
References
Albrighton v Royal Prince Alfred Hospital [1980]. 2 NSWLR 542.
Bates PW (1989) 'An overview of professional liability in health care'. Keynote Lecture presented by invitation to the Annual Seminar of the Medico-Legal Society of Singapore, Oct 14-15.
Bird R (1983) Osborne's Concise Law Dictionary 7th edn. Sweet & Maxwell, London.
Cassidy v Ministry of Health [(1951)]. 2KB 343.
Cadzow J (1991) A troubled place in the sun. Good Weekend (Aug: 10). John Fairfax, Sydney.
Fiesta J (1988) The law and liability-a guide for nurses 2nd edn. Wiley, New York.
Henson v Board of Management of Perth Hospital & anor (1939). Vol XL1 WALR, 15.
Hillyer v Governors of St Bartholomews Hospital [1909]. 2KB, 820 (CA).
Lavere v Smiths Falls Hospital (1926) 26 DLR 346, 348.
Lawler J (1991) Behind the screens. Churchill Livingstone, Melbourne.
Mahon v Osborne [1939]. 2KB, 14 (CA).
Medical Defence Union (1984) Annual Report, pp.24-25.
News in Brief (1989) Bioethics News 8:4.
Poisons Act (NSW) 1966 and Poisons Regulations (1966) New South Wales Government Printer.
Reidford v Aberdeen Magistrates (1933) 27 SC, 276.
Roe v Ministry of Health [1954]. 2QB 66.
Royal College of Nursing v Department of Health & Social Security [1981] AC 801.
Russell L (1990) From Nightingale to now: nurse education in Australia. Saunders/Bailliere Tindall, Sydney.
Slattery J (1991) In: Report of the royal commission into deep sleep therapy. Vol. 1. Introduction. New South Wales Government Printers.
Smith J C, Hogan B (1983) Criminal Law. Butterworths, London.
Stevens v Bradribb Sawmilling Company [1986] 160, CLR, 16.
Staunton P (1991) The vindication of Sister Sophia. The Lamp 48(4): 17-24.
Trindade FA and Cane P (1985) The law of torts in Australia. Oxford University Press, Melbourne.
Wootton JH (1991) In: Regional report of inquiry in New South Wales, Victoria & Tasmania. Royal Commission into Aboriginal Deaths in Custody. New South Wales Government Printers.
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