Question

An individual falls and fractures a hip while walking down the street. A companion notices a nurse drive past without stopping to assist. The individual sues the nurse for negligence but fails to win a judgment for which reason?

1.The nurse had no duty to the individual.
2.The nurse did what most nurses would do in the same circumstance.
3.The nurse did not cause the client's injuries.
4.The nurse was off-duty at that time.

Answer 1

The individual suing the nurse for negligence likely did not win because the nurse had no legal duty to act while being off-duty and did not directly cause the injuries.

Step-by-step explanation:

The individual suing the nurse for negligence failed to win a judgment likely because the nurse had no duty to act. In legal terms, a duty to act is an obligation to intervene in a situation to prevent harm to another person. While morally it might be expected that a nurse would assist someone in need, legally, the nurse has no such duty unless they have a pre-existing relationship with the individual that would require it (such as being on duty or having a duty as specified by employment or pre-existing relationship). Being off-duty, they are under no more obligation than a regular citizen. The fact that the nurse was off-duty at the time and did not cause the client's injuries plays a significant role in determining the lack of a legal duty to act.