Final answer:
To prove negligence, five elements must be established: duty of care, breach of duty, causation, foreseeability, and damages. Nurses can avoid negligence liability by adhering to protocols, accurately labeling, maintaining confidentiality, getting informed consent, and following pre-procedure checklists. The principle of nonmaleficence helps guide ethical practice in healthcare.
Step-by-step explanation:
Elements Necessary to Prove Negligence and Ways Nurses Can Avoid Liability
To prove negligence in a legal context, it is generally required to establish five essential elements:
- A duty of care existed between the nurse (the defendant) and the patient (the plaintiff).
- There was a breach of that duty of care.
- An injury was caused by the breach.
- The injury was foreseeable.
- There were damages as a result of the injury.
Nurses can avoid liability for negligence by following these practices:
- Strictly adhering to established medical protocols and procedures.
- Ensuring proper patient identification and labeling of specimens.
- Maintaining confidentiality and seeking informed consent when necessary.
- Participating in exhaustive pre-procedure checklists with the medical team.
Additionally, the principle of nonmaleficence is a key concept in medical ethics that requires healthcare professionals to avoid causing harm. Hospitals and healthcare workers should follow this principle even when procedures are flawed, by questioning and seeking to correct such errors to improve patient safety. Manufacturers of medical equipment also have a duty to produce reliable products, and governments have a role in regulating the use and maintenance of medical equipment and protocols. Nurses, as part of a healthcare team, must work cooperatively with doctors, respecting the chain of command, but also advocating for patient safety when necessary.