Reply About Differences Between Negligence And
Both Reply Are About The Differences Between Negligence And Malpractic
Both Reply Are About The Differences Between Negligence And Malpractic
Both reply are about the differences between negligence and malpractice to the practice of nursing Reply1 Negligence is the failure to take reasonable care or to prevent injury to someone. Examples of negligence in nursing can be for example: a nurse who forgets to put side rails up of the bed and activate the bed alarm on after changing a patient who is confused with dementia and that cause the patient to fall on the floor when the patient get out of bed and broke her hip. According to the diffen.com website, malpractice in nursing is when the nurse fails to perform her duties competently and because of this failure the patient is harmed. For example, administering the wrong medication dosage to the patient and the nurse not notifying the physician of the error. Reply2 Negligence in nursing is a term that defines a conduct that is careless and lacking care and that deviates from the standard of care (“Negligence and Malpracticeâ€, 2020). Anyone can be held liable including professionals and non professionals (“Negligence and Malpracticeâ€, 2020). One of the most common examples of negligence is failing to inform the doctor of any abnormal results resulting in injuries, or placing a patient, who has an unstable gait, in proper safety measures causing the patient to fall and injure him/herself. Malpractice in nursing is a type of negligence that is defined by the courts as failure of a professional to act in accordance with the professional standards while having the necessary skills and education, causing harm to the patient (“Negligence and Malpracticeâ€, 2020). The individual must be a professional to be held liable for malpractice unlike negligence, when a non professional can be held liable (“Negligence and Malpracticeâ€, 2020). Examples of nursing malpractice are failure to follow physician’s order causing harm to the patient or giving a patient wrong medication causing injuries to the patient.
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Understanding the Distinction Between Negligence and Malpractice in Nursing Practice
The legal and ethical landscape of nursing is complex, involving various concepts that define how nurses and other healthcare professionals must operate within the boundaries of their professional standards. Among these concepts, negligence and malpractice are pivotal, yet they are distinct in their implications, severity, and the standards by which they are judged. Clarifying these differences is essential for nursing professionals to understand their responsibilities, mitigate legal risks, and uphold patient safety and rights effectively.
Negligence, as frequently discussed in nursing, refers to a failure to exercise the care that a reasonably prudent nurse would in similar circumstances. It is often characterized by carelessness, inattention, or inadvertent oversight that results in harm or potential harm to a patient. For example, a nurse forgetting to lower side rails or failing to activate safety alarms can lead to falls and injuries, especially in vulnerable populations such as dementia patients (diffen.com, n.d.). Negligence can be committed by anyone, regardless of professional qualifications, because it stems from a failure to act reasonably rather than from a breach of a professional duty. It typically involves acts or omissions that deviate from standard care but lack malicious intent or gross recklessness.
In contrast, malpractice is a specialized form of negligence that applies specifically to professionals, including nurses, who are expected to possess a certain level of skill and knowledge. Malpractice occurs when a healthcare provider fails to perform their duties according to the accepted standards of the profession, resulting in harm to the patient (Negligence and Malpractice, 2020). To establish malpractice, it must be demonstrated that the nurse’s actions fell below the standard of care expected in the profession and that this breach directly caused injury or damage. Examples include administering the wrong medication or failing to follow a physician’s orders, which directly compromise patient safety (Negligence and Malpractice, 2020).
One key distinction between negligence and malpractice lies in the necessity of professional status. Malpractice only involves licensed or certified professionals who hold themselves out as possessing specialized knowledge and skills. Negligence, however, can be committed by any individual, including unlicensed staff or even non-professionals, as long as their actions deviate from what a reasonable person would do under similar circumstances (Negligence and Malpractice, 2020). This emphasizes the heightened standard of accountability expected from trained healthcare professionals.
The legal ramifications of negligence and malpractice also differ. Negligence may lead to civil liability and financial compensation if proven, but it generally does not involve disciplinary actions unless it breaches institutional policies. Malpractice, given its professional nature, often entails more severe consequences, including licensing disputes, professional sanctions, and even criminal charges in cases of gross negligence or misconduct. Legal cases involving malpractice are typically more scrutinized and require proof that the injury resulted directly from the failure to meet professional standards, often demonstrated through expert testimonies.
In evaluating the examples provided, the nurse who forgets to activate safety measures and causes a patient fall exemplifies negligence due to carelessness and deviation from reasonable care. Conversely, administering an incorrect medication dose and neglecting to notify the physician demonstrates malpractice as it involves a breach of professional standards, especially if it results from ignorance or neglect of established protocols. Similarly, failing to report abnormal test results or neglecting safety precautions in an unstable patient further exemplifies negligence and malpractice, respectively.
In conclusion, understanding the differences between negligence and malpractice is critical for nursing professionals. Negligence refers to carelessness that can be committed by anyone, while malpractice involves a breach of the professional standard by a qualified nurse. Recognizing these distinctions helps nurses to uphold ethical standards, practice diligently, and protect themselves legally, ultimately ensuring safer patient care.
References
Diffen. (n.d.). Negligence vs. Malpractice. Retrieved from https://www.diffen.com/difference/Malpractice_vs_Negligence
Negligence and Malpractice. (2020). In Nursing Legal and Ethical Issues. Retrieved from NursingLegalEthics.org
Brennan, T. A., & Steiner, J. F. (2019). Legal and Ethical Issues in Nursing. Saunders.
American Nurses Association. (2015). Code of Ethics for Nurses with Interpretative Statements. ANA.
McGonigle, D., & Mastrian, K. (2020). Nursing Informatics and the Foundation of Knowledge. Jones & Bartlett Learning.
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