Negligence and Malpractice in Nursing
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Questions and Answers

Negligence can be described as performing an act that a prudent nurse would not perform. Which of the following best illustrates this definition?

  • Administering an incorrect dosage of medication. (correct)
  • Documenting patient information accurately.
  • Following a doctor's orders without question.
  • Double-checking patient identification before treatment.

    • What does assault primarily involve?

  • Making threats that cause fear of being touched (correct)
  • Unlawful retention of a person
  • Action that causes physical harm
  • Verbal harassment without action

    • Which situation represents the failure to perform an act that a reasonable nurse would perform?

  • Maintaining open communication with the medical team.
  • Following proper hygiene protocols before a procedure.
  • Refusing to provide care to a patient in distress. (correct)
  • Checking vital signs regularly during a shift.

    • What is NOT considered an act of negligence in nursing?

    <p>Taking the time to explain a procedure to a patient.</p> Signup and view all the answers

    What is a key element of intentional torts?

    <p>Deliberate action causing harm</p> Signup and view all the answers

    Which of the following actions would likely be seen as a negligent act by a nurse?

    <p>Neglecting to document a patient’s pain level.</p> Signup and view all the answers

    Which of the following is an example of false imprisonment?

    <p>Restraining a client for medical treatment without consent</p> Signup and view all the answers

    What characterizes the prudent nurse's actions in a clinical setting?

    <p>Proactively addressing potential risks to patient safety.</p> Signup and view all the answers

    Which term describes the act of causing physical harm to another person?

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

    Which of the following can result in assault?

    <p>Threatening someone's personal safety</p> Signup and view all the answers

    What is an example of unjustifiable detention?

    <p>Inappropriate use of restraint or seclusion</p> Signup and view all the answers

    How can nurses minimize the risk of lawsuits?

    <p>Through proper documentation</p> Signup and view all the answers

    What is NOT a characteristic of ethical care?

    <p>Using restraints for convenience</p> Signup and view all the answers

    Which term describes the wrongful confinement of a person?

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

    What should nurses prioritize to ensure legal compliance?

    <p>Documenting patient information accurately</p> Signup and view all the answers

    What constitutes battery in a professional context?

    <p>Harmful or unwarranted contact with a client</p> Signup and view all the answers

    Which action could be considered a form of battery?

    <p>Touching a client without consent</p> Signup and view all the answers

    Which of the following does not necessarily indicate battery?

    <p>Contact is ambiguous in nature</p> Signup and view all the answers

    Which term is synonymous with actions that could lead to battery?

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

    What is a crucial factor in determining whether an act is battery?

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

    What consequence does a breach of duty typically result in?

    <p>Loss, damage, or injury</p> Signup and view all the answers

    How would a reasonable and prudent nurse typically act?

    <p>By adhering to established protocols</p> Signup and view all the answers

    What is a key factor in establishing causation in a medical context?

    <p>The breach of duty being the direct cause of harm</p> Signup and view all the answers

    What constitutes a breach of duty in healthcare?

    <p>Failing to meet established standards of care</p> Signup and view all the answers

    What does the concept of breach of duty imply about a nurse's actions?

    <p>The nurse failed to act like a reasonable and prudent nurse</p> Signup and view all the answers

    How is the concept of breach of duty related to patient outcomes?

    <p>Breach of duty can directly lead to patient harm or injury</p> Signup and view all the answers

    What is a primary factor in determining a breach of duty?

    <p>The reasonableness of the nurse's actions</p> Signup and view all the answers

    Which of the following best describes the role of a prudent nurse?

    <p>To consider the consequences of their actions</p> Signup and view all the answers

    Which of the following describes an important aspect of causation?

    <p>A direct link between breach of duty and injury</p> Signup and view all the answers

    Which of the following is not a necessary component for proving causation?

    <p>Evidence that the standard of care was met</p> Signup and view all the answers

    Study Notes

    Negligence and Malpractice

    • Negligence involves failing to perform professional duties according to a reasonable standard of care
    • Malpractice is a type of negligence, involving a failure to perform a prudent action or performing a non-prudent action
    • Malpractice suits require four elements to be successful:
      • Duty: A legally recognized relationship between the nurse and client, in which the nurse acts in that capacity
      • Breach of Duty: Failure to meet a standard of care; the nurse did not act as a reasonable, prudent nurse would
      • Causation: The nurse's breach of duty directly caused the harm to the client (injury, loss, or death)
      • Injury/Damage: The client suffered some type of loss, damage, or injury as a result of the nurse's actions

    Intentional Torts

    • Intentional torts involve actions, like assault, battery, and false imprisonment, that are committed intentionally
    • Assault: Any action causing fear of being touched, without actual touching. This can include threats of restraint or injection.
    • Battery: Harmful or unwarranted physical contact with the client, without their consent. This may or may not result in physical harm.
    • False Imprisonment: Unjustifiable detention of the client, such as applying restraints inappropriately.

    Preventing Liability

    • Nurses can reduce the risk of lawsuits by carefully documenting care, ensuring all actions are safe, ethical, and legal, and providing competent care.

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    Related Documents

    Malpractice and Liability in Nursing - PDF

    Description

    This quiz explores the concepts of negligence and malpractice within the nursing profession. It covers the definitions, essential elements for malpractice suits, and the implications of intentional torts such as assault and battery. Test your understanding of these critical legal topics relevant to healthcare practices.

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