Negligence & Malpractice Professional Nursing
4 elements of negligence/liability
1) Duty of care 2)Dereliction 3)Direct causation 4)Damages
Guidelines
Have adequate training for the areas in which nurses are working. Ensure new nurses are given orientation and preceptorship until they are familiar with their environment and their jobs. Be focus and pay attention to details and avoid distraction when performing procedures to avoid careless mistakes.
Malpractice
Malpractice is an act on the part of a nurse for NOT meeting the expected standards of practice set by the nursing board. As a result the nurse has breach her/his duty of care and this action has resulted in harm and injury If it is proven that defendant's (nurse) conduct or performance falls below the required level, the nurse can be charge in court with fine or/and sanction or/and imprisonment. Malpractice is 'professional negligence' Requires expert testimony to prove the standard of care.
The Elements explained : Duty of Care
Must first prove that defendant owe him/her a duty of care
Definition of negligence in simple terms
Negligence The breach of duty owed by a nurse to patient in exercising reasonable care &/or resulting in some bodily, mental or financial disability.
Examples of malpractice
Nurse A inserted a NG tube to patient incranially due to poor patient assessment prior to NG tube insertion. Nurse B performed NG tube feeding to a patient twice in her shift. 2 hours later, patient passed away and large amount of milk was found in the patient's lungs.
Guidelines
Adhere at all times to hospital policy. code of professional conduct. standards of practice. Do not compromise care. Document nursing assessment and interventions promptly and accurately.
Definition of Negligence
Omission of doing something which a reasonable man would do. or Doing something (commission) which a prudent & reasonable person would not do.
The Elements explained : Damages
Damages which can be compensated with money.
Examples of negligence
Duty of Care - Nurse is assigned to assess the patient's foot condition and report any changes. Dereliction - Nurse fails to note that the patient's toe is becoming cool and turning blue from the tight bandage. Direct Causation - Nurse's failure to note the signs poor circulation which leads to toe becoming necrotic and requiring amputation. Damages - Loss of the toe seriously limits the patient's walking ability and hence leads to loss of job.
The Elements explained : Direct Causation
Evidences required to how that harm & injury occured as a result of the breach of care
The Elements explained : Dereliction
Failed/Breached to meet the standard of care
