Tort Civil wrong committed against a person/person's property
• Based on fault • Accountable person failed to meet his responsibility/performed an action below the allowable standard of care o If you don't know how to do a procedure, ask a more seasoned nurse and look up the procedure • Pers...
NURS 350 Quiz 3 Questions and Correct
Answers
Tort ✅Civil wrong committed against a person/person's property
• Based on fault
• Accountable person failed to meet his responsibility/performed an action below the
allowable standard of care
o If you don't know how to do a procedure, ask a more seasoned nurse and look up the
procedure
• Person performed an action incorrectly or omitted a necessary action
Most cases filed against nurse defendants are for... ✅Malpractice
Negligence
May also be accountable for intentional/quasi-intentional actions (nurse is aware of
action)
Negligence ✅Denotes conduct lacking in due care, carelessness; a deviation from the
standard of care that a *reasonable prudent person* would use in similar circumstances
• Ex. Josie King, Johns Hopkins: toddler burned in bathtub, went to burn unit. Mom said
something wasn't right, nurse reassured everything was going to be fine. Mother
questioned opioid medication. Importance of going back and checking that you're giving
the right med/care. Passed away d/t lack of communication in healthcare team
• MNMC intubated ER pt: ET tube placed in esophagus instead of trachea, patient with
CP passed away as stomach was ventilated instead of lungs
• QSEN competencies came out of examples of negligence
Malpractice ✅Professional negligence
Addresses a professional standard of care - i.e. involves professional misconduct,
unreasonable lack of skill
Wrong or injudicious treatment results in injury, unnecessary suffering or death
Proceeds from ignorance, carelessness, lack of professional skill, disregard of
rules/principles, or malicious/criminal intent
Failure of a professional to act in accordance with the prevailing standard
Can the same types of acts form the basis for negligence or malpractice? ✅Yes
When shaving patients for surgery, do not nick skin because of risk for infection
, Casts: risk for compartment syndrome - compressed nerve - listen to patient when
complaining despite pain meds, suspect compartment syndrome. Can bivalve cast until
edema decreases. Assess pulses, color, temp, edema (fingers?), elevate arm
Most common categories of malpractice/negligence among nurses ✅Failure to...
*Follow standards of care*
*Use equipment in a responsible manner*
*Communicate*: use SBAR, repeat orders back; give report to next nurse coming on
shift - bedside report/rounding
*Document*: if it wasn't documented, it wasn't done
*Assess and monitor then report change in patient condition*: check IV site every 2
hours (Dilantin and potassium necrotize the skin)
*Act as a patient advocate*
Elements of malpractice or negligence ✅-Duty owed the patient
-Breach of duty owed the patient
-Forseeability (something happened as a result)
-Causation
-Injury
-Damages
Duty owed ✅Failure to monitor the patient
Ex. vital signs, post-op/post-delivery assessment
Breach of duty ✅Failing to report a change in patient status
Ex. didn't call physician with VS or incision change - cannot have intervention if problem
not reported
Forseeability ✅Failing to report another healthcare provider's incompetence
Ex. drug/alcohol impairment
Causation ✅Failing to provide for patient safety
Ex. failing to lock wheelchair, use gait belt, siderails when necessary, checking water
temperature for bath, HOB up when feeding someone with aspiration risk
Injury ✅Allowing a patient to be burned
Ex. not using grounding pads when cauterizing in OR, surgery on the wrong limb
Damages ✅Pain and suffering occurs (past, present and future)
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