Differences between negligence and malpractice to the practice of nursing

Differences between negligence and malpractice to the practice of nursing

Apply the differences between negligence and malpractice to the practice of nursing. Provide examples to illustrate your points.

Reply 1 Veronica

Both medical malpractice and negligence are unintentional torts (Sommer, Johnson, Roberts, Reddings, & Churchill, 2013). Negligence is an unreasonable or careless act that occurs when an individual deviates from the standard of care while malpractice is a form of negligence that is carried out by a professional person such as a nurse, accountant, or physician (Pozgar, 2014, p.191). Some examples of negligence include a nurse administering the wrong dose to a patient, or if a nurse fails to implement safety measures for a client who has been identified as at risk for falls (Sommer, et. al., 2013). As healthcare professionals, it is essential that we abide by specific protocols and procedures that are in place to prevent malpractice and keep our patients safe.

Reply 2 Annie

Understanding the difference between medical negligence and malpractice helps in making informed decisions about personal injury claims a person wants to file. According to personal injury law, negligence is a concept used to refer whether a company or person’s recklessness or carelessness injured an individual (Mulheron, 2016). The end goal is holding the indivudal or company liable for the damages incurred as a result of the injury. To sue for medical negligence, the accused person must be a medical institution or professional including nurses, hospitals, doctors that have a provider-patient relationship with the person suing. To the extent that actions vary from the accepted medical care standard can assist in determining if the injury was caused by unintentional or avoidable mistake or an intentionally negligent action (medical malpractice). In other words, the key differences between malpractice and medical negligence is that a medical malpractice suit aims in proving the professional actions were intentionally reckless. Therefore, negligence involves a person’s failure to exercise care in a way that a reasonable person would have done in a similar situation while malpractice is a type of negligence that specifically relates to licensed professionals who fail to offer services that meet the required standard of care. An example of negligence claims include a negligent surgeon being intoxicated when conducting a surgery. Examples of medical malpractice claim include surgical errors, birth injuries, anesthesia mistakes, medication errors, and misdiagnosis.

Prompt 2

Read the following article and view the video on the same case. How can this example be used as an illustration of maintaining patient safety and providing safe, effective care? Identify some of the possible barriers that nurses face when acting on what they believe to be the morally correct action in this particular case.

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