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Negligence and the standard of care in district nursing

02 January 2019
Legal
02 January 2019
Volume 24 · Issue 1

Abstract

The cost of negligence claims in the NHS continues to rise, with NHS England alone paying out some £1.75 billion in compensation last year (NHS Resolution, 2018). Negligence law concerns liability for careless acts or omissions that harm another in breach of a duty of care (Sidaway v Bethlem Royal Hospital [1985]). To minimise the risk of liability it is essential that district nurses are aware of the circumstances that give rise to a duty of care and the standard expected of them in discharging their duty.

Liability for carelessness is given its legal expression in the law relating to negligence. Compensation paid to settle negligence claims continues to increase year on year in the NHS, with NHS England alone paying some £1.75 billion last year for clinical negligence claims (Sidaway v Bethlem Royal Hospital [1985]). As well as any damages that may be awarded, district nurses accused of negligence face having their professional integrity and good name challenged in court and the prospect of further action being taken by their employer and regulatory body. This article considers the elements of a negligence action and how these are applied to district nursing.

Negligence is a civil wrong or Tort and is best defined as ‘actionable harm’ (Bolam v Friern HMC [1957]). Negligence has developed in English law under the common law by judges setting rules through decided cases. These cases have established three key elements for a successful negligence action:

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Negligence
duty of care
standard of care
emergencies