7. Consent
The 5 elements:
1. Must be given voluntarily
2. Person need’s legal capacity
3. Should be informed
4. Must be specific
5. Cover what's actually being done
9. Failing to Get Consent
• Can mean you have to defend yourself against
battery charges!
10. Duty of Care
“Once a patient presents to the ED, the triage
nurse enters into a health professional-patient
relationship”
11. Duty of Care
“The triage nurse shares responsibility on behalf
of the hospital to ensure patients receive
appropriate Ax of their treatment needs.”
12. What is Duty of Care?
• An obligation recognised by law:
– Triage nurse is expected to provide same
level/degree of care
– Protect PT from foreseeable harm
– Provide reasonable standard of care
13. What determines the Standard of
Care??
• The ATS
• CENA Standards
• ANMC competencies
• Expert opinion
14. Against their will!
• Detaining PT’s against their will:
Needs to be:
– Risk to self
– Risk to community
• Principle of necessity under common law.
• Arrange senior clinician review
15. Assessing Capacity
• Be of sound mind
• Over 16
• No drug or alcohol
• Have insight
• Understand risk
• Communicate
16. The DNW
• Ensure capacity
• PT’s have the right to leave
• If concerned let them know
• Invite them back
• Measure of ED performance!
19. Negligence
For negligence to be proven:
– Duty to meet standard of care
– Breach of the duty to meet standard of care
– Breach of duty which causes foreseeable harm
– Causing actual harm & injury
– Causing loss
25. The Bounce Back
• These patient have higher Morbidity &
mortality
• There giving us a second chance to Dx
properly
• Arrange for Snr Clinician to R/V