Scenario two
You are working a night shift in a busy private hospital. Earlier in the day a well-known film actor was admitted to your ward for prostate surgery. You are working tonight with Tilly who is an RN. She arrived 10 minutes late for handover and she tells you this is because she had been at a family birthday party. You commence working with your patients and one hour later you are outside the open door of the actor’s room. Tilly is in the room and the patient is asleep. You notice her open his bag, take out a watch and put it into her pocket. She then takes a photo of the sleeping patient with her phone and uploads it to her Facebook page. Tilly notices you standing in the doorway and whispers to you that it is okay because she has set security settings on her account and so only her family will see the photo. You return to the nurses’ desk and Tilly comes and sits beside you. At this point you notice the smell of alcohol on her breath.
Question 9
Answer the following question based on negligence, valid consent and defamation. (1 mark each)
- Define negligent behavior
- Does Tilly’s behavior meet the criteria for negligence?
- Provide legal rationale for your answer
- Does Tilly’s behavior meet the criteria for valid consent
- Provide legal rationale for your answer
- Define defamation
- Does Tilly’s behavior meet the criteria for defamation
- Provide legal rationale for your answer