Staff Negligence In Medication

Summary

The staff member may not be individually negligent as they followed instructions without proper training or policy awareness. The issue seems to be systemic, related to the schools management and communication of policies. An investigation would likely focus on these management failures rather than individual negligence. If the staff member was unaware of policies and followed instructions, accountability may not fall on them.

Full Conversation

Is a staff member negligent if they followed written instructions given to them to give a student their medication prepared by other staff? They were the only staff sent to an excursion of over * students and the envelopes of medication it has now come to light were not double checked and were prepared by a casual junior staff member.
In Victoria, determining negligence involves assessing whether a duty of care was owed, breached, and if harm resulted. ****ey points to consider:
- Duty of care: Did the staff have a responsibility to ensure the medication was correct?
- Breach: Was the procedure of not double-checking reasonable?
- Harm: Did the student suffer any harm due to the medication error?
Could you provide more details on any harm caused or if there were specific school policies regarding medication?
Staff was in charge of medication. The staff was unaware that double checking on the day was required as staff had never been told that or shown the policies. The student felt unwell but made a full recovery overnight. There were policies but no staff involved in medication or first aid knew of them or the requirements or had been told to read them
In Victoria, for negligence to be established, the following elements must be assessed:
- Duty of Care: The staff had a responsibility to ensure the medication was correct.
- Breach: Whether not double-checking was reasonable given the circumstances.
- Harm: Although the student felt unwell, full recovery overnight suggests minimal harm.
If policies were not communicated to staff, it may be a failure in the school's management rather than individual negligence. It might be beneficial to discuss this further with the school administration. Would you like any more information on this?
The school also was also not storing medication correctly it was in an unlocked draw and some not in original prescription boxes
Case Rating: *
It seems there might be some issues with the school's management regarding the storage and handling of medications. In Victoria, schools are required to store medication securely, and failure to do so may indicate negligence on the part of the school. It might be worthwhile to raise these concerns with the school administration or consider seeking legal advice if necessary. Would you like more information on how to address this with the school?
So the staff is not negligent?
Case Rating: *
Based on the information provided, it seems that the staff member may not be individually negligent, as they followed instructions and were unaware of the policies. The issue appears to be more related to the school's management and communication of policies. Would you like advice on how to address this with the school?
Staff was also only qualified in first aid and not medication administration as were all other staff in this area
Case Rating: *
It seems like the issue lies more with the school's management and policy communication rather than individual staff negligence. The staff's qualifications in first aid but not medication administration further indicate a systemic problem. Addressing this with school administration would be a wise step. Would you like any more information on how to proceed?
Staff was not given a proper induction and did not know about the policies. Staff did not keep a record of giving medication as it was not sent along on the day and school were not in a habit of doing so
Case Rating: *
It appears to be a systemic issue with the school's management and policy communication rather than individual staff negligence. You might consider speaking with the school administration to address these concerns. If you'd like more information on how to approach this with the school or any further assistance, feel free to ask!
So the staff individually is not negligent
Case Rating: *
Based on your information, it seems the staff member individually may not be negligent, as they were not properly informed or trained. The issue appears more related to systemic failures in the school's management and communication of policies. Addressing these concerns with the school could be beneficial. If you need more guidance on approaching this, feel free to ask!
On the policy it says two staff members should give medication but only one member of staff was sent to do this on the day
Case Rating: *
It seems that the staff member may not be individually negligent due to lack of proper training and communication on school policies. The school's management appears to have systemic issues in policy implementation. Discussing this with the school's administration could be a good step. If you need guidance on how to approach this, let me know!
So the staff member should not be sent to jail for this
Case Rating: *
Based on the information provided, it appears that the staff member is unlikely to be held individually negligent or face criminal charges, such as jail time, as they followed instructions and were not properly informed or trained. The main issue seems to be with the school's management and policy communication. If you need more guidance on how to address this with the school, feel free to ask!
Staff offered to call the child’s mother to check if there was an issue he did not want the staff member to do that and took it
Case Rating: *
It seems like the staff member was following procedures as they understood them and was not properly informed or trained, indicating the issue is likely with the school's management. If you feel it’s necessary, discussing this matter further with the school administration may be beneficial. Would you like any guidance on how to approach them about this?
This management have been removed shortly after for other issues also
Case Rating: *
Based on the details you've shared, it seems like the issue largely stems from systemic failures in school management rather than individual staff negligence. If the management has already been replaced, it may be beneficial to ensure that new procedures and training are implemented to prevent future issues. Would you like any guidance on how to ensure this matter is appropriately addressed with the new management?
So the staff member should not be held accountable
Case Rating: *
Based on the information provided, it seems that the staff member may not be individually negligent or held accountable, as the issues appear to be more related to systemic failures in the school's management and communication of policies. If the management has been replaced, it would be beneficial to ensure new procedures and training are implemented to prevent future issues. If you need help with addressing this matter, feel free to ask!
Would an investigation of these facts show this
Case Rating: *
It seems like the issue stems more from systemic failures in the school's management rather than individual negligence by the staff member. An investigation may reveal these management issues, focusing on lack of communication and training regarding policies. If you need guidance on how to proceed with this matter, feel free to ask!
All staff have said they would have done the same thing and did not know the requirements
Case Rating: *
Based on the details provided, it seems the issue lies more with management than individual negligence. An investigation may reveal systemic issues with policy communication and training. If you need guidance on how to proceed with addressing this matter or considering an investigation, feel free to ask!
Staff member had only been there for a year at the time
Case Rating: *
It seems that the situation involves systemic management issues rather than individual staff negligence. Since the staff member followed instructions without proper training, accountability might not fall on them. If you feel an investigation is necessary, it could highlight these management shortcomings. Let me know if you need guidance on approaching this matter further!
What will the outcome of an investigation be for the employee based on this
Case Rating: *
Based on the information provided, an investigation would likely focus on systemic management failures rather than individual negligence. The staff member may not be held accountable, as they lacked proper training and policy communication. The investigation might reveal inadequate management practices and highlight the need for improved policy communication and training.
So the staff member is not negligent based on this
Case Rating: *
Based on the details given, it seems the staff member may not be individually negligent since they followed instructions without proper training and knowledge of policies. The issue appears to be with systemic failures in the school's management. An investigation would likely focus on these management aspects.
What would change this to be the staff members fault based on these other shortcomings by the school
Case Rating: *
For the staff member to be considered individually negligent, the following could change the situation:
- Awareness of Policies: If it were proven that the staff member was actually aware of the policies and chose to ignore them.
- Deviation from Instructions: If they deviated from the given instructions or knowingly gave incorrect medication.
- Gross Negligence: If there was a blatant disregard for the student's safety, such as ignoring visible signs of incorrect medication.
If you need more information or guidance on this matter, feel free to ask!
Student said they were unsure if they had their morning medication staff were told he needed this afternoon medication and it was labelled as afternoon have not understood it to contain morning medication
Case Rating: *
Based on the information provided, it appears that the staff member followed given instructions and lacked proper training and policy awareness, suggesting that negligence lies more with school management. If you would like further guidance on addressing this with the school or have any other questions, feel free to ask!