Final answer:
When a nurse is accused of incompetency, the Nurse Practice Act's standards are likely what have been breached as it legally defines the scope and standards of nursing practice within a state.
Step-by-step explanation:
If a nurse is found incompetent and a lawsuit of malpractice is filed against them, the document or act that has likely been breached is the 'Nurse Practice Act'. This act defines the scope of nursing practice within a particular state and sets the standards for safe nursing care that must be adhered to by licensed practitioners. If a nurse is accused of being incompetent, it generally indicates that they did not perform to the standards established by the Nurse Practice Act. While the American Nurses Association (ANA) Standards of Practice provide guidelines for nursing practice, they do not have the legal standing that the state-specific Nurse Practice Act does. Accreditation certification and National counsel licensure, such as the NCLEX, relate to the credentialing and certification of healthcare facilities and the licensure of nurses, respectively, but these are not the direct standards for practicing care.