Elements of malpractice in professional nursing healthcare

Legal duty

In a healthcare setting, a patient is owed a duty of care by the nurse once the professional agrees to take care of the patient.  The duty consists of interpretation the orders from physicians and following them so that care is undertaken appropriately (Raveesh, 2016). For instance, the professional owes his patient a safe treatment environment and to be provide medical care as per the orders from the physician.

Breach of duty

The nursing professional who owed the patient duty of care should have failed in their duty by not observing the level of medical skills or care that a reasonable nurse with similar specialty would be expected to use in an equal scenario (Raveesh, 2016). The duty, in this case, has been fulfilled. For instance, the nurse may have forgotten to put the bed rail in the right manner making the patient to fall. 

Damages

The damages results from the professionals breach of duty. Thus, the breach of duty must have led to physical or emotional suffering to the patient while under the care of nursing practitioner (Raveesh, 2016).  For instance, the fall by the patient from the bed can led to arm injury and thus, incur damages.

Causation

The patient or his attorney must provide solid proof which shows that the nursing practitioner’s breach of duty led to injury. It must be shown that the conduct of the nurse led to worsening of the health situation of the patient. In case of malpractice, the direct connection should be made by showing that the deteriorated condition would not have happened if the nurse was not negligent (Raveesh, 2016). For instance, administration of wrong drugs would lead to developmental problems to a child as determined by an expert.

In order to avoid legal cases in malpractices, the nursing practitioners should make follow ups, communicate effectively and prevent medical negligence.  Follow ups ensures that nurse keeps tracks of the orders from the physicians , nothing is overlooked and that doctors are notified of any arising issues. Communication should be clear and effective so that the patient understand the medication and treatment plans are precise (Cruz, 2013).  This ensures that physicians’ instructions are followed correctly. Preventing negligence involves avoiding mindlessly applying the care and treatment which may lead to injuries (Cruz, 2013).

Reference

Raveesh, B. N., Nayak, R. B., & Kumbar, S. F. (2016). Preventing medico-legal issues in clinical practice. Annals of Indian Academy of Neurology, 19(Suppl 1), S15.

 

Cruz, P., (2013).Comparative Healthcare Law. Routledge.535-542