MEDICAL STAFF AND NURSING LAW Article Example | Topics and Well Written Essays - 500 words

MEDICAL STAFF AND NURSING LAW - Article Example The doctrine is classified under the law of torts, which in itself stands for civil wrongs. The most commonly sued tort in the medical field is negligence. The authors (Reagan & Regan) define negligence as an act that put under the similar conditions as the accused, a more prudent professional would perform differently and better to serve the interest of the persons put under their care. (Regan & Regan 2002) define the relationship between the employer and the employee very clearly. They state that a clear line has to be drawn in order to establish with certainty that there existed an agency relationship between the parties for which the senior faces charges for the mistakes of the junior. Malpractice is defined as failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting for those services (Regan & Regan 2002). It is under the torch of medical malpractices that the acts of negligence is best shone on the undertakings that could be regarded as acts of negligence. When the employee is charged with conducting the business of the employer under situations or directions not prior agreed upon with the employer or simply disallowed by the employer, the precedent is set for the master to excuse themselves from the omissions of their staff. This balance puts employers at the helm of deciding and defining their work relations with their employees. Serving as a practicing nurse, there are many responsibilities that fall on the shoulders of the incumbent in such a position. For example a more experienced and clearly skilled nurse is put in charge of junior staff in the nursing department. The senior nurse is by this doctrine expected to ‘carry the cross’ for the acts of omission or commission for which the juniors expose