Malpractice in Healthcare: Understanding the Elements of Negligence

The primary concern is placing another individual at risk for harm. Malpractice is defined as 'professional negligence', which occurs when an individual fails to meet the expected standards of care while performing as a professional.

The loss of trust in the nurse and the anxiety caused by not knowing the truth.

The first element is Duty, which involves the nurse having or should have had a relationship with the client that involves providing care and following an acceptable standard of care.

Answerable, or to give an account or defense to oneself and others for one’s own choices, decisions and actions as measured against a standard.

The link is established through Foreseeability, which demonstrates that the nurse's act could have led to the injury suffered by the client.

A formal statement of a group’s ideals and values, reflecting moral judgments and serving as a standard for professional actions.

Codes of ethics usually have higher requirements than legal standards, and they are never lower than the legal standards of the profession.

The ultimate goal is to prove that the harm or injury occurred as a direct result of the nurse's failure to follow the standard of care. This is achieved through the element of Causation.

Nurses are responsible for being familiar with the code that governs their practice.

The purpose is to demonstrate that the client or plaintiff suffered some type of harm or injury (physical, financial, or emotional) as a result of the breach of duty owed to the client.

The consequence is that the nurse is held liable for damages, which may be compensated. The nurse's liability is to pay damages for the harm or injury caused by their negligence.

The standards of professionalism, such as maintaining client privacy and confidentiality, are the same online as in any other circumstance.

Libel is written defamation, while Slander is spoken defamation. Both are forms of defamation of character, which is an intentional tort.

Lying to patients can lead to a loss of trust and increased anxiety.

The potential harm or benefit to the patient.

The purpose is to recognize the potential for intentional harm or violation of clients' rights, and to take steps to prevent such actions and maintain a safe and respectful environment.

jewelry, money, eyeglasses, and dentures

incompetence, gross negligence, conviction for practicing without a license, falsification of client records, and illegally obtaining, using, or possessing controlled substances

The Good Samaritan Act protects healthcare providers who provide emergency care from claims of professional negligence, unless they demonstrate a gross departure from the standard of care or willful wrongdoing.

limit actions to those normally considered first aid, do not perform actions that they do not know how to do, offer assistance but do not insist, have someone call or go for additional help, and do not leave the scene until the injured individual leaves or another qualified individual takes over

Reasonable care means that the nurse takes the precautions that a prudent person would take to prevent the loss or damage of client property, and can be held liable if they fail to do so.

Unprofessional conduct can result in disciplinary action against a nurse's license.

The primary concern is loss of client property, and hospital personnel can mitigate this risk by taking reasonable precautions to safeguard client property.

The guidelines are designed to ensure that nurses provide appropriate care while minimizing their liability.

Standards of care are the skills and learning commonly possessed by members of the nursing profession, and they are used to evaluate the quality of care nurses provide, serving as legal guidelines for nursing practice.

Liability is the quality or state of being legally responsible for one's obligations and actions, and making financial restitution for wrongful acts, and it implies that nurses are accountable for their actions and must practice in a manner that prevents harm or injury to clients.

The primary purpose of the eNLC is to allow registered nurses (RNs) and licensed practical nurses (LPNs) to have one multistate license, enabling them to practice in their home state and other compact states.

The state-based model highlights the importance of having a license in the state where a nurse is providing care, as it ensures that nurses are practicing in accordance with the laws and regulations of that state.

The eNLC provides an opportunity for states to mutually level the standards of care for nurses, ensuring that torts and agreements are fulfilled and maintained between nurses and patients.

The goal of the eNLC is to have all 50 states in the compact, enabling nurses to practice across state lines with greater ease and flexibility.

The eNLC enables nurses who electronically interact with clients in other states to provide health information or interventions without needing a separate license in the other state.

The adoption of the eNLC by 31 state legislatures as of January 2019 indicates the growing recognition of the importance of streamlined licensing for nurses and the need for greater mobility and flexibility in nursing practice.

The primary purpose of a DNR order is to prevent resuscitation in the event of a respiratory or cardiac arrest, and it is typically written for clients who are in a stage of terminal, irreversible illness or expected death.

A felony is a serious crime punishable by a term in prison, whereas a misdemeanor is a less serious offense punishable by a fine or short-term jail sentence, or both.

Euthanasia is the act of painlessly putting to death people suffering from incurable or distressing disease, and it is legally wrong in the United States, punishable by criminal charges of homicide or civil lawsuits.

Advanced practice nurses may be authorized to pronounce death, and this authority is regulated by the state, potentially limited to specific settings such as long-term care, home health, and hospice agencies.

Negligence is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent individual, whereas malpractice is a specific type of negligence that occurs within a professional context, such as healthcare.

A 'no code' or DNR order signifies that a client or their proxy has opted to forgo resuscitation efforts in the event of a respiratory or cardiac arrest, and healthcare professionals must respect this decision and prioritize the client's autonomy.

Withholding treatment or providing an unacceptable standard of care in the context of euthanasia can lead to criminal charges of homicide or civil lawsuits, highlighting the importance of healthcare professionals' legal responsibilities and duty to provide a reasonable standard of care.

Mercy killing is a synonym for euthanasia, which is the act of painlessly putting to death people suffering from incurable or distressing disease, and it raises complex ethical questions about the value of human life and the role of healthcare professionals in end-of-life care.