1) According to the current NMC legislation, the suitable outcome of the case will be harsher for the nurse Biju John. The 2008 NMC Code establishes high standards of nurses’ conduct, besides the present law of negligence subjects nurse to professional, civil, and even criminal liability. It seems the nurse in this case study has broken the standard of patients’ care, which have had a direct impact on the patient (the patient was gasping for breath and in case another nurse hadn’t helped, he may have suffocated). This type of misconduct is referred to as negligence. If the patient who suffered had managed to prove that his or her safety was jeopardised, the nurse would have been brought to account. The court would have been involved. The nurse may have been forced to pay compensation. Besides, Biju John should have come under the scrutiny of NMC, which typically determines if nurses’ incompetence takes place. The NMC Code of Conduct is the basis for determining the poor standards of care irrespective of the consequences for the patient. In this case, the nurse acted incompetently. Through accountability to NMC, Biju John should have been deprived of the nursing license on the ground of his incompetence. As for the latter, it is defined as “a lack of knowledge, skill or judgment of such nature that a registrant is unfit to practice safely and effectively in any field in which they claim to be qualified to practise or seek to practise” (NMC, 2004).
2) The decision by the NMC panel was wrong, since the causes of the nurse’s conduct were not related to his inability to act on his initiative, but his incompetence and negligence. It is obvious that the nurse lacked the basic competence of nursing skills, besides he was reluctant to seek outside help and improve his professional performance once he was required to do so.
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3) Yes, the nurse has shown both incompetence and negligence on his part. As explained earlier in this paper, NMC defines whether the nurse acted incompetently and may decide to cancel the nurse’s license on the basis of his inability to meet the standards of the NMS Code. Under the law of negligence, the nurse or even the NMC (through indirect liability) may have been sued. The compensation would have been paid to the patient if in the court it got proved that the duty of care that was owed, got breached and that resulted in patient’s suffering from either physical or psychological harm.
4) The NMC protects how nurses look after patients through holding nurses accountable to it by the standards of the NMC Code of Practice, revised back in 2008. Specifically, NMC states in its Code that it exists “to safeguard the health and wellbeing of the public” and “to ensure that nurses and midwives keep their skills and knowledge up to date (…)” (NMC, 2008). The NMC panel may decide to take away the nurse’s license, which means that the nurse will not be capable of performing his/her professional duties and will not be employed.
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