Negligence And Malpractice

        Apply the differences between negligence and malpractice to the practice of nursing. Provide examples to illustrate your points.  

Sample Solution

   

Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise in the same or similar circumstances. In other words, negligence is when someone does not act as a reasonable person would in a given situation.

Malpractice is a type of negligence that occurs when a professional fails to exercise the degree of care and skill that is expected of a member of their profession. In the context of nursing, malpractice occurs when a nurse fails to provide the standard of care that is expected of a nurse.

Full Answer Section

    Examples of negligence in nursing Here are a few examples of negligence in nursing:
  • Failing to monitor a patient's vital signs regularly
  • Failing to assess a patient's fall risk
  • Failing to administer medication as prescribed
  • Failing to document care properly
  • Leaving a patient unattended
  • Making a mistake when administering medication
  • Using the wrong equipment
  • Failing to follow infection control procedures
Examples of malpractice in nursing Here are a few examples of malpractice in nursing:
  • Administering the wrong medication to a patient
  • Failing to diagnose a patient's condition
  • Failing to treat a patient's condition properly
  • Failing to refer a patient to a specialist
  • Failing to obtain informed consent from a patient before performing a procedure
  • Engaging in sexual misconduct with a patient
The difference between negligence and malpractice The key difference between negligence and malpractice is that malpractice occurs when a professional fails to exercise the degree of care and skill that is expected of a member of their profession. In other words, malpractice is a type of negligence that is specific to professionals. For example, if a nurse fails to monitor a patient's vital signs regularly, this would be considered negligence. However, if a nurse fails to monitor a patient's vital signs regularly and the patient suffers harm as a result, this would be considered malpractice. Implications for nursing practice Nurses have a responsibility to provide safe and competent care to their patients. This means that nurses need to be aware of the standard of care that is expected of them and they need to take steps to avoid committing negligence or malpractice. Nurses can reduce their risk of committing negligence or malpractice by:
  • Staying up-to-date on the latest nursing practices and procedures
  • Following the orders of physicians and other healthcare professionals
  • Communicating effectively with patients and their families
  • Documenting care properly
  • Obtaining informed consent from patients before performing procedures
  • Practicing within the scope of their practice
Conclusion Negligence and malpractice are two legal terms that are often used interchangeably, but they have distinct meanings. Negligence is the failure to exercise the degree of care that a reasonably prudent person would exercise in the same or similar circumstances. Malpractice is a type of negligence that occurs when a professional fails to exercise the degree of care and skill that is expected of a member of their profession. Nurses have a responsibility to provide safe and competent care to their patients. This means that nurses need to be aware of the standard of care that is expected of them and they need to take steps to avoid committing negligence or malpractice.  

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