Negligence, Malpractice, Standard of Care, and Good Samaritan Law

Negligence

Failure to act as a reasonably prudent person would, resulting in harm.

Can negligence happen outside healthcare?

Yes. It can occur in everyday situations and does not require a licensed professional.

First element of negligence

Duty existed.

Second element of negligence

Duty was breached.

Third element of negligence

The breach caused harm.

Fourth element of negligence

The patient suffered damages.

Example of negligence

Forgetting to put up a wet floor sign and someone slips.

Example of negligence

Leaving a wheelchair unlocked and a patient falls.

Memory Trick for Negligence

Negligence = Carelessness.

Malpractice

Professional negligence by a licensed healthcare provider that causes patient harm.

Who can commit malpractice?

A licensed healthcare professional.

When does malpractice occur?

When a healthcare professional fails to meet the accepted standard of care.

Common example of malpractice

Giving the wrong medication.

Common example of malpractice

Administering the wrong dose.

Common example of malpractice

Failing to assess a patient before giving medication.

Common example of malpractice

Ignoring abnormal vital signs.

Common example of malpractice

Failing to monitor a patient after surgery.

Common example of malpractice

Not documenting important assessments or interventions.

First element of malpractice

Duty.

Second element of malpractice

Breach of duty.

Third element of malpractice

Causation.

Fourth element of malpractice

Damages.

How are malpractice and negligence similar?

Both require duty, breach, causation, and damages.

Difference between negligence and malpractice

Malpractice involves licensed professionals; negligence can involve anyone.

Memory Trick for Malpractice

Malpractice = Professional negligence.

Standard of Care

The level of care that a reasonably competent nurse with similar education and experience would provide in the same situation.

Where does the standard of care come from?

State Nurse Practice Acts.

Where does the standard of care come from?

Hospital policies and procedures.

Where does the standard of care come from?

Professional guidelines.

Where does the standard of care come from?

Evidence-based practice.

Where does the standard of care come from?

Nursing education and training.

Example of following the standard of care

Checking two patient identifiers before administering medication.

Example of following the standard of care

Using sterile technique during sterile procedures.

Example of following the standard of care

Assessing a patient before giving medications that require assessment.

What can happen if a nurse fails to meet the standard of care?

It may result in malpractice if the patient is harmed.

Memory Trick for Standard of Care

What a competent nurse would do.

Good Samaritan Law

Laws that generally protect healthcare providers and bystanders who voluntarily provide emergency care outside the workplace.

Purpose of the Good Samaritan Law

Reduce liability for those who provide reasonable emergency assistance in good faith.

Requirement for Good Samaritan protection

Care is voluntary.

Requirement for Good Samaritan protection

No expectation of payment.

Requirement for Good Samaritan protection

Act within your level of training.

Requirement for Good Samaritan protection

Do not act recklessly or with gross negligence.

Example of Good Samaritan Law

A nurse witnesses a car accident and performs CPR until EMS arrives.

When may Good Samaritan protection NOT apply?

Acting beyond your training or competence.

When may Good Samaritan protection NOT apply

Being grossly negligent or reckless.

When may Good Samaritan protection NOT apply

Accepting payment for emergency care (depending on state law).

Memory Trick for Good Samaritan Law

Protects helpers acting in good faith.

Scenario: A nurse gives insulin without checking blood glucose and the patient becomes severely hypoglycemic

Malpractice.

Why is failing to check blood glucose malpractice?

The nurse failed to meet the professional standard of care.

Scenario: A nurse forgets to place a wet floor sign and a visitor falls

Negligence.

Scenario: A nurse checks two patient identifiers before administering medication

Following the standard of care.

Scenario: A nurse stops at a highway accident and provides CPR until EMS arrives

Good Samaritan Law.

Quick Comparison: Negligence

Failure to use reasonable care.

Example of Negligence

Forgetting safety precautions, resulting in injury.

Quick Comparison: Malpractice

Professional negligence by a licensed healthcare provider.

Example of Malpractice

Giving the wrong medication or failing to assess appropriately.

Quick Comparison: Standard of Care

The expected level of competent nursing care.

Example of Standard of Care

Using two patient identifiers and following evidence-based practice.

Quick Comparison: Good Samaritan Law

Legal protection for voluntary emergency assistance.

Example of Good Samaritan Law

Performing CPR at an accident scene within your training.

Easy NCLEX Memory Trick

Negligence = Careless.

Easy NCLEX Memory Trick

Malpractice = Careless professional.

Easy NCLEX Memory Trick

Standard of Care = What a competent nurse should do.

Easy NCLEX Memory Trick

Good Samaritan = Protected when helping in an emergency within your training and state law.