Doctrine of Indemnification

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Doctrine of Indemnification

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How does the doctrine of indemnification further the concept that individuals are ultimately responsible for their own actions?

An indemnity clause looks at the contractual transfer of the risk between the different contractual parties general as a way of preventing individual loss including compensation which could occur as a result of the particular event.  The doctrine of indemnification usually looks at the legal liability between the patient and the nurse, where the nurse professional association could be responsible for the conduct of another colleague or practice (Thornton, 2010). The confusion often arises from the failure to understand or appreciate the concept of indirect liability within the law, also the potential legal responsibility for the acts of others. Ultimately however individual nurses are going to be responsible for their own actions since the legal liability since the employer might also decide to look at the role that the nurse played in the current medical situation (Thornton, 2010). For example, when the nurse is supposed to administer medication to a patient, then by mistake they forget to key in information regarding the dosage, it is possible that the next nurse in shift might administer the same medication without knowing.  In this way the indemnity clause will dictate that the nurse in charge during the time the medication was administered will be liable for any medical complication that the patient will have suffered as a result of a double dose (Thornton, 2010). However, when conducting further investigations, it will be discovered that the previous nurse might have forgotten to key in data on the medication administered to the patient.  In this way, that nurse is eventually responsible for their own action meaning they will have to take liability. 

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References

Thornton, R. G. (2010). Responsibility for the acts of others. Baylor University Medical Center Proceedings, 23(3), 313-315. https://doi.org/10.1080/08998280.2010.11928641