Malpractice in Healthcare: Understanding the Elements of Negligence

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What is the primary concern in malpractice cases, and how is it defined?

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.

What is the primary reason why lying to sick or dying people is rarely justified?

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

What is the first element necessary to prove malpractice, and what does it entail?

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.

What is the definition of accountability in the context of nursing ethics?

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. Signup and view all the answers

What is the link between the nurse's act and the injury suffered in a malpractice case, and how is it established?

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

What is the purpose of a code of ethics in the nursing profession?

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

What is the relationship between codes of ethics and legal standards in the nursing profession?

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

What is the ultimate goal of proving malpractice, and how is it achieved?

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. Signup and view all the answers

What is the responsibility of nurses regarding the code of ethics that governs their practice?

Nurses are responsible for being familiar with the code that governs their practice. Signup and view all the answers

What is the purpose of the element of Harm or Injury in a malpractice case?

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. Signup and view all the answers

What is the consequence of professional negligence causing an injury, and what is the nurse's liability?

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. Signup and view all the answers

What is the guideline from the ANA Code of Ethics regarding online client care?

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

What is the difference between Libel and Slander, and which one is a form of defamation of character?

Libel is written defamation, while Slander is spoken defamation. Both are forms of defamation of character, which is an intentional tort. Signup and view all the answers

What is the implication of lying to patients in terms of trust and anxiety?

Lying to patients can lead to a loss of trust and increased anxiety. Signup and view all the answers

What is the primary consideration for nurses when deciding whether to tell the truth or lie to patients?

The potential harm or benefit to the patient. Signup and view all the answers

What is the purpose of understanding intentional torts, such as Assault, Battery, and False Imprisonment, in a healthcare setting?

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. Signup and view all the answers

What are some examples of client property that nurses are expected to safeguard?

jewelry, money, eyeglasses, and dentures Signup and view all the answers

What are some examples of unprofessional conduct that may result in action against a nurse's license?

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

What is the purpose of the Good Samaritan Act, and how does it protect registered nurses?

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. Signup and view all the answers

What should a nurse do when deciding whether to render emergency care under the Good Samaritan Act?

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 Signup and view all the answers

What is the significance of 'reasonable care' in the context of a nurse's responsibility to safeguard client property?

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. Signup and view all the answers

What is the consequence of unprofessional conduct by a nurse, according to most nurse practice acts?

Unprofessional conduct can result in disciplinary action against a nurse's license. Signup and view all the answers

What is the primary concern of hospital personnel regarding client property, and how can they mitigate this risk?

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

What is the purpose of guidelines for nurses who choose to render emergency care under the Good Samaritan Act?

The guidelines are designed to ensure that nurses provide appropriate care while minimizing their liability. Signup and view all the answers

What are standards of care in the nursing profession, and how are they utilized?

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. Signup and view all the answers

What is liability in the context of nursing practice, and what are the implications for nurses?

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. Signup and view all the answers

What is the primary purpose of the Enhanced Nurse Licensure Compact (eNLC)?

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. Signup and view all the answers

What is the significance of the state-based model in the context of the eNLC?

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. Signup and view all the answers

How does the eNLC address the issue of torts and agreements between nurses and patients?

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. Signup and view all the answers

What is the goal of the eNLC in terms of state adoption?

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. Signup and view all the answers

What is the implication of the eNLC for nurses who electronically interact with clients in other states?

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. Signup and view all the answers

What is the significance of the 31 state legislatures that have adopted the eNLC as of January 2019?

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. Signup and view all the answers

What is the primary purpose of a DNR order, and in what situations is it typically written?

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. Signup and view all the answers

What is the difference between a felony and a misdemeanor, and how are they punished?

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. Signup and view all the answers

What is euthanasia, and what are the legal consequences of performing it in the United States?

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. Signup and view all the answers

What is the role of advanced practice nurses in relation to pronouncing death, and how is this authority regulated?

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. Signup and view all the answers

What is the distinction between negligence and malpractice, and how do they relate to healthcare professionals' standard of care?

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. Signup and view all the answers

What is the significance of a 'no code' or 'do not resuscitate' (DNR) order in end-of-life care, and how does it impact healthcare professionals' decisions?

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. Signup and view all the answers

What are the consequences of withholding treatment or providing an unacceptable standard of care in the context of euthanasia, and how do they relate to healthcare professionals' legal responsibilities?

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. Signup and view all the answers

How does the concept of mercy killing relate to euthanasia, and what are the ethical implications of this practice in healthcare?

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. Signup and view all the answers