Chapter 4: Problem 24
When a nurse in performing her/his responsibilities commits an act of negligence it is called a. malpractice b. tort c. misdemeanor d. criminal negligence
Short Answer
Expert verified
a. malpractice
Step by step solution
01
- Understand the Question
Read the question carefully to understand what is being asked. In this case, the question is asking for the term used when a nurse commits an act of negligence while performing their duties.
02
- Define the Terms
Define each of the options provided:a. Malpractice: Professional negligence by a healthcare provider.b. Tort: A civil wrong that can result in legal liability.c. Misdemeanor: A minor wrongdoing or criminal offense less serious than a felony.d. Criminal Negligence: Conduct in which a person ignores a known or obvious risk.
03
- Match Definition to Situation
Compare the definitions to the scenario provided in the question. The scenario describes a nurse committing an act of negligence while performing responsibilities, which aligns with the definition of malpractice.
04
- Verify the Answer
Ensure that malpractice is the most appropriate term based on the context provided. Cross-check to confirm that none of the other terms fit the described negligence in a professional setting better.
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Key Concepts
These are the key concepts you need to understand to accurately answer the question.
Nursing Negligence
Nursing negligence occurs when a nurse fails to provide the standard of care that is expected in their professional role. This can include errors in administering medication, failing to monitor a patient's condition adequately, or neglecting to follow proper protocols for treatment and care. Here are some key points to understand nursing negligence:
- It involves a breach of duty that leads to harm or injury to the patient.
- Nurses are held to a high standard of care, which means they must act as any reasonably prudent nurse would in a similar situation.
- Negligence can result from acts of omission (failing to do something necessary) or commission (doing something that causes harm).
Professional Liability
Professional liability, often referred to as malpractice, is the legal responsibility healthcare providers have to their patients. If a nurse or other healthcare professional fails to meet the standard of care and it results in harm, they can be held liable. Key elements to knowledge about professional liability include:
- Duty of Care: The healthcare provider has an obligation to adhere to a standard of reasonable care.
- Breach of Duty: Occurs when the healthcare provider fails to meet the standard of care.
- Damages: The patient must have sustained injury or harm.
- Proximate Cause: There must be a direct link between the breach of duty and the harm caused.
Legal Terminology in Nursing
Understanding legal terminology is crucial for nurses to navigate the legal aspects of healthcare. Here are some common legal terms in nursing:
- Negligence: The failure to exercise the care that a reasonably prudent person would in similar circumstances.
- Malpractice: A type of negligence where a professional fails to follow a standard of care, causing harm.
- Tort: A civil wrong that can lead to legal liability, such as negligence or malpractice.
- Informed Consent: The process of providing a patient with information about a medical procedure or treatment, ensuring they understand and agree to it.
- HIPAA: The Health Insurance Portability and Accountability Act, which protects patient privacy and secure health information.