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A nurse is teaching the staff about professional negligence or malpractice. Which criteria to establish negligence will the nurse include in the teaching session?

1) injury did not occur
2) that duty was breached
3) nurse carried out the duty
4) duty of care was owed to the patient
5) patient understands the benefits and risks of procedure

User Akinyele
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Final answer:

In a teaching session about professional negligence, a nurse would include that a duty of care was owed, the duty was breached, and an injury occurred due to the breach as criteria to establish negligence. Understanding informed consent and performing one's duties are important but not direct criteria for negligence. Legal liability can extend beyond the healthcare provider in cases of flawed protocols or equipment failure. The correct option is 4.

Step-by-step explanation:

The nurse teaching the staff about professional negligence or malpractice will include several criteria to establish negligence. These include:

  • Duty of care was owed to the patient - Professionals have a responsibility to act within the standards of their profession.
  • Duty was breached - The healthcare provider failed to adhere to the standard of care.
  • An injury occurred as a direct result of the breach - There must be a verifiable harm that resulted from the failure to provide appropriate care.

Understanding the benefits and risks of a procedure (informed consent) is important but is not directly a criterion for establishing negligence. Similarly, performing one's duties does not imply negligence; it's the breach of duty that contributes to negligence.

In the context of the principle of nonmaleficence, healthcare providers are expected to avoid harm. However, should harm occur due to adhering to established but flawed protocols or the failure of equipment, the legal liability may extend to those responsible for the protocols' design or the manufacturing of the equipment.

During a procedure or treatment, ensuring items like the name of the procedure, needle and sponge counts, and correct labeling of specimens are crucial for avoiding negligence. Any issues with equipment should be promptly addressed to minimize risks and uphold the duty of care.

User Laughedelic
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