Four Factors Necessary to Prove Nursing Negligence | Legal Issues in Nursing Pt.3

Summary

This video explains the four key elements necessary to prove nursing negligence in a medical malpractice case: duty of care, breach of standard of care, injury or loss to the patient, and causation. Through a detailed breakdown and real-world case study, the video highlights how a nurse’s actions are judged against what a reasonably prudent nurse would do in similar circumstances. Nurses are reminded of the importance of staying updated on best practices and standards to avoid negligence claims and protect both patient safety and their professional integrity.

Takeaways

• 😀 A nursing negligence lawsuit requires proof of four key factors: duty, breach of standard of care, injury, and causation.
• 😀 The plaintiff's lawyer must demonstrate that the nurse had a duty to provide care, which is generally straightforward for healthcare professionals.
• 😀 A breach of the standard of care occurs when the nurse fails to act as a reasonably prudent nurse would in the same situation.
• 😀 Nurses are expected to adhere to current standards of practice, evidence-based practices, and employer policies to avoid breaches in care.
• 😀 Injury must be a direct result of the breach in the standard of care for a negligence lawsuit to be viable.
• 😀 Damages are typically not awarded for situations where the patient fully recovers or suffers minor injuries like emotional distress.
• 😀 The breach must cause harm—examples include giving the wrong medication, but with no adverse effect, there is no injury or negligence.
• 😀 Causation is difficult to prove in cases with multiple contributing factors to a patient's injury or death, such as undiagnosed cancer.
• 😀 A clear example of causation is when a surgical error, like removing the wrong leg, results in a direct and identifiable injury.
• 😀 The case study of Nurse Michael Campbell illustrates the four factors, showing how failing to secure bed rails led to significant injury for a patient.

Q & A

What are the four factors necessary to prove nursing negligence?

The four factors necessary to prove nursing negligence are: 1) Duty of Care, 2) Breach of Standard of Care, 3) Injury or Loss, and 4) Causation.

What does 'Duty of Care' mean in nursing negligence cases?

'Duty of Care' refers to the nurse’s obligation to provide care to the patient. This can include nurses assigned to a patient, charge nurses, self-employed nurses, and others who have entered into a verbal or written agreement to provide care.

How is 'Breach of Standard of Care' determined in nursing negligence cases?

A 'Breach of Standard of Care' occurs when the nurse's actions are compared to what a reasonably prudent nurse would have done in the same situation, considering the nurse's training, experience, and facility policies. If the nurse's actions fall short, it is considered a breach.

Why is it important for nurses to be familiar with current standards of practice?

It is crucial for nurses to be familiar with current standards of practice because outdated or incorrect standards may lead to breaches in care. Familiarity with evidence-based practices and facility policies helps prevent negligence and ensures safe patient care.

What constitutes an 'Injury or Loss' in a nursing negligence case?

An 'Injury or Loss' refers to harm suffered by the patient as a result of the breach in care. This could be a physical injury, such as a fall or infection, or other forms of damage, such as emotional distress or financial loss. The injury must be significant enough to justify legal action.

Can a breach in the standard of care be considered negligence if the patient does not suffer an injury?

No. For a breach in the standard of care to be considered negligence, the patient must have suffered an injury or loss as a result of the breach. If there is no injury or harm, the lawsuit will not likely proceed.

What is meant by 'Causation' in nursing negligence cases?

Causation refers to the need to prove that the nurse’s breach in the standard of care directly caused the patient’s injury. It also requires proving that the injury was foreseeable and would not have occurred without the breach.

What is an example of a situation where causation might be difficult to prove?

An example would be a case where a doctor fails to diagnose cancer early. Proving causation would be difficult because it is uncertain whether earlier diagnosis would have changed the outcome, or whether the patient would have died from another condition, such as high blood pressure.

How does the case study involving Nurse Michael Campbell demonstrate the four factors of negligence?

In the case of Nurse Michael Campbell, the four factors are shown as follows: 1) Duty of Care: He was assigned to care for Mr. Smith. 2) Breach: He failed to raise the bed rails, leaving the patient at risk. 3) Injury: Mr. Smith suffered a severe brain injury. 4) Causation: The failure to raise the bed rails directly caused the injury.

What role do facility policies and evidence-based practices play in determining nursing negligence?

Facility policies and evidence-based practices play a critical role in determining nursing negligence because they set the accepted standard of care. Nurses are expected to follow these guidelines, and if they deviate from them, it could be considered a breach of care leading to potential negligence.