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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).
Understanding nursing negligence is vital for ensuring patient safety and minimizing legal risks. Always strive to follow best practices and stay informed of the latest nursing guidelines.
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.
To mitigate risks associated with professional liability, nurses should stay educated, document their care thoroughly, and practice in accordance with current standards and regulations.
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.
By familiarizing themselves with these terms, nurses can better understand legal documentation, policies, and their own responsibilities within the healthcare environment.

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Most popular questions from this chapter

Some decisions are best made by a group rather than by the nurse alone. What is an advantage of group decision making? a. promotes ownership of decision b. individual opinions are influenced by others c. dependency is fostered d. formal and informal role and status positions evolve

When a nurse delegates, she/he gets the legal authority for the delegation from: a. Nurse Practice Act b. American Nurses Association Standards of Practice c. American Nurses Association Code of Ethics d. Public Health Act

Which of the following are advantages of the case management nursing care delivery system? (Select all that apply.) a. promotes multidisciplinary team collaboration b. is cost effective c. increases quality of care d. is time consuming

Critical pathways can be defined as a. guidelines that provide direction for optimum daily patient care. b. collaboration where nurses are equal team members. c. acting as a patient advocate. d. information shared by professionals that does not have to be revealed in a court of law.

The concept of decentralized decision making is often associated with which of the following? a. shared governance b. team nursing c. interdisciplinary practice model d. primary nursing
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