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.

<p>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.</p> Signup and view all the answers

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

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

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

<p>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.</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

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

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

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

<p>The potential harm or benefit to the patient.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>jewelry, money, eyeglasses, and dentures</p> Signup and view all the answers

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

<p>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.</p> Signup and view all the answers

<p>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</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

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

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

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

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers

<p>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.</p> Signup and view all the answers