NURSING ERROR OF OMISSION AS A MATERIAL ELEMENT OF CRIME AGAINST PEOPLE: A CASE REPORT OF KHOMEYNI SHAHR HOSPITAL

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NIKOOMANZARI AMIN; AFSHARNIYA FARHAD; HAJIBABAEE FATEMEH

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Journal Paper

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Journal: Iranian Journal of Nursing Research Year:2017 | Volume:12 | Issue:2 (47) Page(s): 38-43

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Title

NURSING ERROR OF OMISSION AS A MATERIAL ELEMENT OF CRIME AGAINST PEOPLE: A CASE REPORT OF KHOMEYNI SHAHR HOSPITAL

Author(s)

NIKOOMANZARI AMIN | AFSHARNIYA FARHAD | HAJIBABAEE FATEMEH | Issue Writer Certificate

Keywords

MISSED NURSING CAREQ1

NURSEQ2

ACTQ1

OMISSIONQ1

CRIMES AGAINST PERSONSQ1

CASE REPORTQ2

Abstract

Introduction: MISSED NURSING CARE often causes damage to the patient during the care and treatment process and could lead to serious damages to the health of the patient. MISSED NURSING CARE can take place in two ways: 1- failure to ACT properly and 2- nursing error of OMISSION. The present article was an attempt to analyze the conditions, in which nursing error of OMISSION leads to patients’ death or damage to their health that could lead to criminal liability of NURSEs. The study investigated the Iranian criminal law approach to such cases, through investigation of a practical case (The Khomeyni shahr hospital dossier).Methods: A descriptive approach was adopted and attempts were made to describe a practical case (the Khomeyni shahr case, which led to conviction of the health care staff and consideration of long prison terms for them) without any arbitration about the performance of medical staff, in order to determine whether nursing error of OMISSION could lead to criminal liability of NURSEs. The present paper also sought to figure out whether OMISSION could in certain circumstances, constitute a material element of crimes that are usually committed by affirmative ACTions. Investigation of this question requires consideration of the concept of OMISSION and position of the Iranian legal system in this regard.Results: The analysis suggests that nursing error of OMISSION, just like failure to accomplish other associated material ACTs, could cause harm to the patient and result in criminal liability of NURSEs.Conclusions: It is necessary to organize proper training courses in order to familiarize NURSEs and doctors with relevant laws and regulations. Employment of judges and lawyers in this regard should be one of the priorities of the respective organizations. In addition, review of practical cases such as the case of Khomeyni shahr hospital in Isfahan, by competent judges during the in-service training courses for NURSEs and doctors could greatly help them deal with such issues.

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References

NURSING CARE NEGLIGENCE IN IRANIAN JUDICIARY

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APA: Copy

NIKOOMANZARI, AMIN, AFSHARNIYA, FARHAD, & HAJIBABAEE, FATEMEH. (2017). NURSING ERROR OF OMISSION AS A MATERIAL ELEMENT OF CRIME AGAINST PEOPLE: A CASE REPORT OF KHOMEYNI SHAHR HOSPITAL. IRANIAN JOURNAL OF NURSING RESEARCH, 12(2 (47) ), 38-43. SID. https://sid.ir/paper/138239/en

Vancouver: Copy

NIKOOMANZARI AMIN, AFSHARNIYA FARHAD, HAJIBABAEE FATEMEH. NURSING ERROR OF OMISSION AS A MATERIAL ELEMENT OF CRIME AGAINST PEOPLE: A CASE REPORT OF KHOMEYNI SHAHR HOSPITAL. IRANIAN JOURNAL OF NURSING RESEARCH[Internet]. 2017;12(2 (47) ):38-43. Available from: https://sid.ir/paper/138239/en

IEEE: Copy

AMIN NIKOOMANZARI, FARHAD AFSHARNIYA, and FATEMEH HAJIBABAEE, “NURSING ERROR OF OMISSION AS A MATERIAL ELEMENT OF CRIME AGAINST PEOPLE: A CASE REPORT OF KHOMEYNI SHAHR HOSPITAL,” IRANIAN JOURNAL OF NURSING RESEARCH, vol. 12, no. 2 (47) , pp. 38–43, 2017, [Online]. Available: https://sid.ir/paper/138239/en

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