About Nurses' Malpractice and Negligence
Negligence, in general, is an act or omission that falls below a standard of care owed. For example, all drivers have a duty to avoid causing foreseeable injuries to other drivers and pedestrians. Medical malpractice is a type of negligence that is performed by a medical professional during the course of their work. Nonprofessionals can't be held to the standards of the medical professions, but persons who have been specially trained, educated and licensed are accountable for performance that deviates from the customs of their field.
Elements of Negligence
A nurse's actions constitute negligence when they breach a duty of care owed to the patient and the actions are the legal cause of the their demonstrable injury. There is a general duty for all people to always exercise reasonably prudent care to avoid foreseeable risks to others. Certain special relationships or abilities can create a heightened standard of care or an obligation to act in emergency situations.
Medical Malpractice
Professionals, like doctors and nurses, are held to a higher standard of care for actions performed within the scope of their work. This standard is generally defined as the regular custom of behavior for a professional in the same or similar circumstances. A nurse commits malpractice when she acts in a way different from that in which a competent nurse in the same situation would act and a patient is harmed as a result.
Harm
A nurse can cause harm to a patient in a variety of ways. One of the most common ways is through improper administration of medication. The doctor's role is to instruct the nurse on the type and amount of medication, and how it should be administered. The nurse's task is to carry out the doctor's orders. A nurse can also cause harm and thereby commit malpractice through the use of medical equipment.
Omissions
Negligence and malpractice can also arise from omissions that cause harm. An omission is a failure to act when the standard of care would have required action. A nurse has the duty to monitor a patient's condition and report significant changes to a doctor. If a reasonably competent nurse should have notices a change in a patient's condition, but didn't, the omission can give rise to medical malpractice.
Liability
The question of who is liable for a nurse's malpractice can be complex. Her employer, often a hospital, could be vicariously liable. She might also have malpractice insurance, the provider of which often decides whether to settle a malpractice claim or take on the expense of fighting it in court. An attending physician can be liable if he was in a position to prevent the nurse's negligence, but did not.
Examples of Nurse Negligence eHow - eHow How to Videos ...
www.ehow.com Healthcare Industry General Healthcare IndustryNegligence occurs when a nurse performs an act that is deemed below a competence level that is expected of someone in their position. Consequences to the nurse can ...
massachusetts nursing home abuse and neglect lawyers, elder
www.hamill-law.com/massachusetts_nursing_home_abuse.html: Massachusetts attorneys for victims of Nursing Home Neglect Elder Abuse sexual assaults and Medical Malpractice
Nurses , Negligence, and Malpractice - Nursing Center - Journal ...
www.nursingcenter.com Home Journal Index Journal IssueMore and more nurses are being named defendants in malpractice lawsuits, according to the National Practitioner Data Bank (NPDB). From 1998 to 2001, for instance, the ...
California Nursing Home Abuse Lawyer Blog :: Published by
www.nursinghomeabuselawyerblog.comCalifornia Nursing Home Abuse Lawyer Blog :: Published by Carlsbad, California Elder Abuse and Elder Neglect Lawyer Walton Law Firm LLP
negligence vs. malpractice?? - General Nursing Discussion
allnurses.com General Nursing General Nursing DiscussionNegligence is a failure to act as a reasonably prudent person would act under similar circumstances. There are 4 elements of negligence that must be proved in order ...
Nursing Law & Order : Nursing Negligence and Nursing Malpractice
advocatefornurses.typepad.com/my2cents/nursing_negligence_and...My Two Cents provides commentary on the legal, professional, ethical, and clinical practice issues and trends facing nurses. This blog is for informational and ...
About Nurses' Malpractice and Negligence eHow
www.ehow.com Health Healthcare Industry Managed CareNegligence, in general, is an act or omission that falls below a standard of care owed. For example, all drivers have a duty to avoid causing foreseeable injuries to ...
Nursing Issues on Malpractice and Negligence
www.docstoc.com Legal OtherJan 25, 2009 Nursing Issues on Malpractice and Negligence Introduction The legal and political issues of nursing explain the common doctrine as applied in nursing ...
Pinoy Nurse's Community Place: DEFINITION OF MALPRACTICE
thefilipinonurse.blogspot.com/2008/06/definition-of-malpractice...Professional nurses, like everyone else, are definitely liable for any kind of harm that results from personally negligent acts. Nurses are held to a standard of care ...
Nursing Center - Journal Article
www.nursingcenter.com Home Journal Index Journal IssueThe Joint Commission defines negligence as "failure to use such care as a reasonably prudent and careful person would use under similar circumstances" and malpractice ...
0 komentar
Posting Komentar