Negligence and quizz 1

Question 1

Where does negligence originate from/

Answer 1

In Common Law

Question 2

What are the 4 elements of negligence in the health care setting?

Answer 2

• The patient is owed a duty of care by the health professional
• must take reasonable care to avoid acts or omissions which you can reasonably foresee as likely to injure your neighbour.
• eggshell principal - if you did not know about the condition you cannot be held negligent.
• There was a breach of that duty (or standard) by the health professional
• Reasonable standard of care
• what would a ‘reasonable health care professional’ do in the same circumstances
• The patient suffered damage which was
• Physical - >5%
• psychological - >10%
• Economic - financial loss
• Caused by the conduct of the plaintiff
  The loss or damage suffered was reasonably foreseesible

Question 3

The ability of patients to sue for Negligence was changed in what act and in what year?

Answer 3

The Wrongs Act 2003

Question 4

How long from the time the patient discovers the injury to they have to file an action in the courts?

Answer 4

3 years

Question 5

The person bringing the action must prove every element of negligence to a civil standard, which is what?

Answer 5

‘on the balance of probabilities’

Question 6

What is the Bolam Principal?

Answer 6

n

Question 7

According to the Health Records Act 2001 (Vic) patient records:

a. Can be made available to all of the patient’s family members.
b. May not be the subject of a complaint by a patient who believes the information contained within is factually incorrect.
c. Patients in private hospitals, may not gain access to their records
d. Contain health information, such as information or an opinion about the physical, mental or psychological health of a patient.

Answer 7

d. Contain health information, such as information or an opinion about the physical, mental or psychological health of a patient.

Question 8

The Health Practitioner Regulation National Law Act 2009 (Vic) requires:

a. Nurses and paramedics to be registered.
b. That specific health professionals have a national registration and accreditation scheme.
c. That each state regulates its own health professional groups.
d. 15 different health disciplines to be regulated under the one Act.

Answer 8

b. That specific health professionals have a national registration and accreditation scheme.

Question 9

The key elements in a civil action of negligence include:

a. The patient voluntarily accepted substandard care although he/she was not legally competent.
b. The patient suffered injury as a direct result of the substandard care provided by the treating health professional.
c. The patient was touched without his/her consent even though no harm resulted.
d. The patient was given treatment against his/her wishes and sought compensation.

Answer 9

b. The patient suffered injury as a direct result of the substandard care provided by the treating health professional.

Question 10

When a health professional breaches patient confidentiality the following outcomes may occur:

a. Defamation, professional misconduct, breach of employment contract, negligence.
b. Breach of employment contract, negligence and trespass.
c. Professional misconduct, negligence, assault, false imprisonment.
d. Defamation, assault and negligence.

Answer 10

a. Defamation, professional misconduct, breach of employment contract, negligence.

Question 11

Medical reports should be:

a. Correct even if it means that it is necessary to describe the patient as ‘difficult’ or ‘lazy’.
b. Computer generated.
c. Signed and dated.
d. Void of all abbreviations.

Answer 11

c. Signed and dated.

Question 12

Investigations regarding misconduct by paramedics are likely to be held by:

a. The Victorian Civil & Administrative Tribunal.
b. Ambulance Victoria.
c. The Federal Court.
d. The Magistrates Court.

Answer 12

b. Ambulance Victoria.

Question 13

A comparison of nurses and paramedics reveals that:

a. One group has registration legislation, the other does not.
b. Both groups are expected to adhere to a Code of Conduct.
c. Both groups are likely to hold particular qualifications before they can practice.
d. All of the above.

Answer 13

d. All of the above

Question 14

According to the Health Records Act 2001 (Vic):

a. Patients in public hospitals, can not gain access to their records.
b. It establishes a mechanism for patients to access their health information.
c. Records are owned by the maker of the record.
d. There are 20 Health Privacy Principles.

Answer 14

b. It establishes a mechanism for patients to access their health information.

Question 15

In order to be successful in bringing an action in negligence it is necessary:

a. To prove the patient suffered either physical or psychological loss.
b. That the health care professional owed a duty of care.
c. That the health care service was vicariously liable.
d. That the health care professional breached their duty of care resulting in loss or injury to the patient.

Answer 15

d. That the health care professional breached their duty of care resulting in loss or injury to the patient.

Question 16

The doctrine of vicarious liability means:

a. The financial responsibility is shifted from the health professional to the employing hospital.
b. The health professional will be personally responsible for the injury suffered by the patient.
c. Both the employer hospital and the health professional will be responsible for any damage claimed by the patient.
d. The financial responsibility is shifted to the government.

Answer 16

a. The financial responsibility is shifted from the health professional to the employing hospital.

Question 17

The Information Privacy Act 2000 (Vic) applies to the following:

a. Public hospitals.
b. Private hospitals.
c. State and local government agencies.
d. General Practitioner practices.

Answer 17

c. State and local government agencies.

Question 18

To ensure that entries into the patient’s medical record are contemporaneous, they should be:

a. Written in ink.
b. Written as close as possible to the time an event occurred.
c. Written at the completion of each and every shift.
d. Counter-signed by a senior colleague.

Answer 18

b. Written as close as possible to the time an event occurred.

Question 19

Which of the following is true in regard to incident reports:

a. They provide a means for regularly monitoring the performance of health professionals.
b. They are utilized in identifying high risk patients.
c. They enable monitoring of unsafe practices and work environments.
d. They should only be used when legal action is pending.

Answer 19

c. They enable monitoring of unsafe practices and work environments.

Question 20

Patient consent is not required when disclosing personal information:

a. To other health professionals providing care to that patient.
b. When a solicitor demands the information.
c. When that information is interesting to the general public.
d. When the patient’s family require the information.

Answer 20

a. To other health professionals providing care to that patient.

Question 21

When providing care to a patient, confidential information refers to:

a. Information obtained during the initial interview and all subsequent interviews.
b. Information contained in the patient’s medical record.
c. Any information obtained through observation and interaction with the patient.
d. All of the above.

Answer 21

d. All of the above.

Question 22

A number of key principles provide guidance when writing in the patient record and they include:

a. Being contemporaneous, subjective, accurate and well planned.
b. Entries are clear, contemporaneous and include transcribed information.
c. Accurate and complete, contemporaneous, objective and legible.
d. Being contemporaneous, objective, accurate and complete and illegible.

Answer 22

c. Accurate and complete, contemporaneous, objective and legible.

Question 23

Which of the following would be an acceptable entry in a patient’s medical record:

a. The patient smelt of alcohol and was unsteady on his feet.
b. The patient was drunk and uncooperative.
c. The patient was disorientated and was in shock.
d. The patient appears to be comfortable.

Answer 23

a. The patient smelt of alcohol and was unsteady on his feet.

Question 24

Hearings regarding serious professional misconduct by nurses are likely to be heard by:

a. The Victorian Civil & Administrative Tribunal.
b. The Nurses Board of Victoria.
c. The Federal Court.
d. The Magistrates Court.

Answer 24

a. The Victorian Civil & Administrative Tribunal.

Question 25

Injury or damage is an essential element in the action of:

a. Civil assault
b. False imprisonment
c. Negligence
d. Civil battery

Answer 25

c. Negligence

Question 26

Abbreviations should only be used in the medical record:

a. In an emergency.
b. In accordance with a list of accepted abbreviations produced for use in that health care facility.
c. By medical personnel.
d. In accordance with the abbreviations identified in the privacy principles in the Health Records Act 2001 (Vic).

Answer 26

b. In accordance with a list of accepted abbreviations produced for use in that health care facility.

Question 27

The Coroner’s court deals with certain deaths and fires and is the most common court health
professionals attend during their careers.
a) Provide four (4) circumstances in which a death may be considered a ‘reportable
death’.

Answer 27

1- Unexpected 
2- Unnatural or violent deaths 
3-  Death of a Child 
4- Accidental death 
5- Death in state care 
6- Any death that follows a medical procedure

Question 28

The Coroner’s court deals with certain deaths and fires and is the most common court health
professionals attend during their careers. Identify the responsibilities of the health professional in relation to reportable deaths.

Answer 28

Health care professionals are legally obligated to report to the coroner via the police

Question 29

What are the key differences between an action in civil assault and an action in negligence?

Answer 29

Civil assault- The fear of something happening to them. Doesn’t have to be physical. Must feel threatened.
Negligence- owing a duty of care, damage/harm must occur, breach of a duty of care and caused by a breach of a duty of care.