Never carry out an order you believe is unsafe; clarify with the provider first.
Before you read
Test yourself first: 4 questions
Question 1 of 4
Which element must be present to prove nursing malpractice (negligence)?
Answer: B. Malpractice requires duty, breach of duty (failure to meet the standard of care), causation, and actual damages/harm. A bad outcome alone, without breach and causation, is not malpractice.
Question 2 of 4
Which is an example of an intentional tort the nurse must avoid?
Answer: B. Touching or treating a competent client without consent is battery (an intentional tort); threatening it is assault. Negligence/malpractice are unintentional torts.
Question 3 of 4
A nurse spreads false information to coworkers that another nurse is incompetent and addicted to drugs, damaging that nurse's reputation. Which tort has occurred?
Answer: B. Communicating false statements that harm another person's reputation is defamation; when spoken it is slander, and when written it is libel. This differs from invasion of privacy, assault, or negligence. The statements made here are spoken, constituting slander, a form of defamation.
Question 4 of 4
A nurse documents care that was not actually provided in order to save time before the end of shift. Which type of professional misconduct does this represent?
Answer: B. Documenting care that was not performed is falsification of records, which is fraud and can result in license revocation and legal liability. It is not simply negligence or assault. Accurate, truthful documentation is a legal and ethical requirement.
Keep the streak going with more questions like these, each with a full rationale.
What is negligence and malpractice?
Malpractice is professional negligence by a licensed person whose conduct falls below the accepted standard of care. Both expose the nurse to legal liability, making accurate documentation and adherence to standards essential protection.
Key points to remember
- Malpractice requires four elements: duty, breach of duty, causation, and damages (harm).
- The standard of care is what a reasonably prudent nurse would do in the same situation.
- Following a clearly erroneous order does not protect the nurse; the nurse is accountable for questioning it.
- Common malpractice causes include medication errors, falls, failure to monitor, and failure to communicate changes.
- Accurate, timely, factual documentation is the nurse's best legal protection.
- Carrying out an action outside one's scope of practice can constitute negligence.
Nursing priorities
- Follow facility policy, standards of care, and the six rights of medication administration consistently.
- Document objectively and promptly, charting exactly what was observed and done.
- Question and clarify any order that is unclear, incomplete, or appears unsafe before acting.
- Monitor and reassess patients per protocol and report changes in condition promptly.
- Complete an incident report for any error or unexpected event per facility policy.
Red flags: report now
- Never carry out an order you believe is unsafe; clarify with the provider first.
- Never alter, backdate, or falsify documentation after an event.
- Report errors immediately rather than concealing them; concealment increases liability and patient risk.
References
Clinical references for this topic
