Negligence In Nursing

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The five elements of liability that must be present to prove malpractice/professional negligence, as defined by Marquis and Huston (2017), are: 1) standard of care must have been established that outlines the level or degree of quality considered adequate by a given profession, 2) failure to meet standard of care that has been established by a given profession, 3) nurse having knowledge that not meeting standard of care could lead to harm, 4) it is proven that injury is a direct result of the nurse not meeting standard of care, and 5) actual patient injury has occurred (pp. 114-115).
Yes, anyone can be accused of negligence regardless of their profession. However, the Good Samaritan law holds healthcare provider’s protected from liability as long as they provide assistance that is not outright negligent and is within the scope of their expertise. Policies that enable registered nurses to provide emergency assistance care without fear of being sued or accused of negligence helps to ensure that people in need will be cared for during times of tragedy.
Professional licensure is protected when certified nurses practice within the scope of the Nurse Practice Act. Other ways nurses can protect professional licensure are
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A board investigation includes an examination of the records, interviews with witnesses, and reviews of policies and procedures. The board will notify the nurse in writing that a complaint has been filed and an investigation has been started. A compliance conference is held in which the nurse may be requested to submit a written response. The response should be in an objective manner. A Board decision will be made to either dismiss the charges or impose punishment. If the board imposes a punishment it may be in the form of an imposition of a fine up to and including revocation of the nurse’s license. The nurse may choose to accept, negotiate, or