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  1. Feb 15, 2022 · Learn the difference between nursing malpractice and nursing negligence, and how they relate to the nursing standard of care. See examples of both, and FAQs to help you understand the legal implications of nursing errors.

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    • Not responding to a patient in a timely manner. Understandably, nurses can't be everywhere at once. That is why prioritizing patient care is essential.
    • Failure to administer medication. In some cases, the nurse may need to withhold medication. For example, if a patient has an order for Digoxin, the nurse must assess the patient's pulse before giving the medication.
    • Not reporting a change in patient status. A patient's status can change in a matter of minutes. Nurses must monitor and report changes as they occur.
    • Administering the wrong medication. One of the nurse's primary responsibilities is medication administration. Although physicians prescribe medication, it is the nurse's job to verify the order for accuracy and administer the medication according to the order, if it is appropriate.
    • Assault and Battery. Assault and battery are intentional torts. Assault is defined as intentionally putting another person in reasonable apprehension of an imminent harmful or offensive contact.
    • False Imprisonment. False imprisonment is an intentional tort. False imprisonment is defined as an act of restraining another person and causing that person to be confined in a bounded area.
    • Privacy and Confidentiality. Breaching privacy and confidentiality are intentional torts. Confidentiality is the right of an individual to have personal, identifiable medical information, referred to as protected health information, kept private.
    • Slander and Libel. Slander and libel are intentional torts. Defamation of character occurs when an individual makes negative, malicious, and false remarks about another person to damage their reputation.
  3. Learn the legal definitions and differences between negligence and malpractice in nursing. Negligence is a failure to use reasonable care, while malpractice is a civil wrong or injury resulting from a breach of duty.

  4. Nurses, Negligence, and Malpractice: An analysis based on more than 250 cases against nurses. The Elements of a Nursing Malpractice Case, Part 1: Duty The Elements of a Nursing Malpractice Case, Part 3B: Causation

  5. Acts of omission (not doing something a person has a responsibility to do) or inadvertently doing something causing unintended accidents leading to injury, property damage, or financial loss. Examples of unintentional torts impacting nurses include negligence and malpractice.

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