Unintentional Torts
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
