Unintentional Torts

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Describes one who exercises average care, skill, and judgement in conduct

Reasonable and prudent

Why should you get your own malpractice insurance?

-Agencies only cove your if you are following their policies and procedures -It will protect you if your organization does not cover you -the hospital's lawyer is looking for what is best for the hospital, not you.

What are the five elements needed to prove negligence

-Establish a legal DUTY of care -Failure to meet STANDARD OF CARE -FORSEEABILITY -proof of HARM -CAUSATION

What is the purpose of law and legislation in nursing?

-Patient protection from harm -Nurse protection -to define the scope of acceptable practice -to protect individual rights

What are the elements of malpractice/ negligence

-Plantiff -Defendant -Negligence -Reasonable and prudent -Malpractice

Failure to follow either professional or facility standards of care: This includes

-Standardized protocols -Physician orders

Reasonable and prudent in nursing is established by?

-The nursing practice act of that STATE -The facility's policies and procedures -Textbooks -Professional standards of a specialty area (ex OB, ICU, have specific standard of practice) -Journals

Failure to communicate includes

-abnormals to physician -listen/act on patient complaints

How can you avoid malpractice?

-familiar with and practice your organization's policies -follow standards of care -follow current evidenced based practice standards -patients rights and welfare first -practice within your state's scope of practice/ NPA -practice within your area of competence -upgrade and maintain your skills through continuing education -document -think critically

Negligence issues that prompt malpractice suits include, Failure to?

-follow professional or facility standards of care -use equipment in a reasonable and knowledgeable mannter -communicate -document -assess and monitor -advocate for client

Failure to document includes

-injuries -assessment -orders

Critically thinking means to integrate the following when making decisions

-law -legal doctrines -biological, psychological, and cultural factors

Failure to act as client advocate includes

-question d/c orders -assure safe environment

Failure to assess and monitor includes:

-shift assessment -interpret s/s

Example of failure to meet standard of care

A nurse fails to give medication accurately, completely or on time

Example of Establishing a legal duty of care

A nurse has the patient assigned and has received report

The professional alleged to have caused injury

Defendant

Establishing a legal duty of care:

Prove the defendant owed plaintiff a legal duty of care

Conscious disregard for a patient's welfare

Gross negligence

Conduct deviating from the standard of practice dictated by a profession

Malpractice

Causation

Must prove defendant directly or indirectly caused harm because proper care was not given

Proof of harm

Must show that harm resulted to the patient

Deviation from what a reasonable person would do in a particular circumstance

Negligence

Failure to meet standard of care

Not give the care that should be give under the circumstance based on a reasonable person

Example of proof of harm

Patient has a seizure after wrong med administered

What is an example of gross negligence

Showing up to work hung over or drunk and practice.

Example of forseeability

The nurse knows that failure to follow the 6 rights puts pts at risk of harm

Actions or omissions that result in harm to another person or a person's property

Tort law

Example of causation

Wrong dose of medication CAUSES patient to have a seizure

Forseeability

certain events may reasonably be expected to cause specific results

Failure to use equipment in a reasonable and knowledgeable manner includes:

checking for safety and placement

What are types of unintentional torts

negligence and malpractice

The injured party

plaintiff

Malpractice may also be referred to as

professional negligence


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