NBNS 1223-Tutorial 1

NBNS 1223 - NURSING
CONCEPTS
TUTORIAL 1
NURSING PRACTICE
AND THE LAW
LEARNING OUTCOME
By the end of the topic, you should be able to:
1. Describe the malpractice/negligence in the healthcare organization.

2. Explain the element of negligence and malpractice in nursing.
3. Identify the areas of malpractice in clinical.
4. Differentiate between intentional and unintentional tort law.
LEGAL ISSUES
Legal issues in nursing are those in which a person lead to face
legal problem in which nurses face a problem when not meeting
proper patient care.
MALPRACTICE ( penyelewengan )
Definition
A dereliction of professional duty or a failure to exercise an ordinary degree

of professional skill or learning by one (such as a physician) rendering
professional services which results in injury, loss, or damage. (Oxford
Languages,2022)
Includes a professional person’s wrongful conduct, improper discharge of

professional duties, or failure to meet the standards of acceptable care,
resulting in harm to another person.(Daniel.R,n.d)
NEGLIGENCE (kecuaian)
Definition
Breach of a duty of care which results in damage. (Oxford Languages, 2022)

Is the failure of an individual to provide care that a reasonable person
would ordinarily use in a similar circumstance.(Daniel.R,n.d)
Tort
Any instance of harmful behaviour, such as physical attack on one’s person or
interference with one’s possessions (Britannica,2022)
Tort of Negligence
Is a legal wrong that is suffered by someone at the hands of another who fails to take
proper care to avoid what a reasonable person would regard as a foreseeable risk.
Tort Law
Is a civil law pertaining to tort.
Main aim of tort law is to compensate for the personal injury and damage to the
property.
An unintentional tort liability
Is a civil wrong committed on a person or property stemming from a

direct invasion of some legal right of the person, the infraction of some
public duty, or the violation of some private obligation by which
damages accrue to the person through negligence or malpractice.
An intentional tort liability
Is a civil wrong committed on a person or property stemming from a

direct invasion of some legal right of the person, the infraction of some
public duty, or the violation of some private obligation by which
damages accrue to the person through assault and battery, false
imprisonment, invasion of privacy, defamation, or fraud.
Liability
Is an obligation or responsibility one has incurred or might incur through any act
or failure to act.
Nurses are liable for the quality of the care they provide. Expert witnesses are used
to describe establish normal standards of care.
The four elements necessary for liability to occur are
(1) a duty to act (an obligation created either by law or contract or by

any voluntary action),
(2) a breach of duty (failure to act in accord with the current standard of
care),
(3) injury/damages (physical, financial, or emotional harm), and
(4) causation (a cause-and-effect relationship).
1. DUTY
Duty, responsibility, role
These are all terms for what the nurse owes to the patient they are caring for.
It is important to remember that duties that are defined by the facility are
performed correctly as according to the policy stated.
A the task must be completed correctly and if a nurse is unable to complete
the task him/herself, it is their duty to find someone to take over and
complete the task. (Staff,2020)
2. BREACH OF DUTY
Once the duty is identified, it is the plaintiff’s responsibility to

identify the breach of duty that was committed by the nurse.
The plaintiff must identify where the nurse failed in complying

with the policy. (Staff,2020)
3. INJURY/DAMAGES
The injury, illness, pain, or other harm to the patient constitute the
damages.
There must be some lingering effect due to the breach of duty on
the part of the nurse. (Staff,2020)
4. CAUSATION
Causation refers to the relationship of cause and effect between

one event or action and the result.
It is the act or process that produces an effect.
This is the most difficult part of medical malpractice to identify.
There needs to be a determination of cause and effect. (Staff,2020)
3/24/23 NBNS3603 16
Please refer to your learning kit for case study
discussion.
REFERENCES
Markesinis, B. S. (2021, March 2). tort. Encyclopedia Britannica.
https://www.britannica.com/topic/tort
Daniels.R (n.d) Online Companion: Nursing Fundamentals: Caring & Clinical
Decision Making
Oxford languages (2022) https://languages.oup.com/google-dictionary-en/
Staff (2020) The Four Elements of Medical Malpractice in Nursing
https://www.nursetogether.com/4-elements-medical-malpractice-nursing/

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What are the elements of negligence and malpractice in nursing?

What are the four elements necessary for liability to occur?

NBNS 1223 - NURSING

1. Describe the malpractice/negligence in the healthcare organization.

A dereliction of professional duty or a failure to exercise an ordinary degree

Includes a professional person’s wrongful conduct, improper discharge of

Breach of a duty of care which results in damage. (Oxford Languages, 2022)

Is a civil wrong committed on a person or property stemming from a

Is a civil wrong committed on a person or property stemming from a

(1) a duty to act (an obligation created either by law or contract or by

Once the duty is identified, it is the plaintiff’s responsibility to

The plaintiff must identify where the nurse failed in complying

Causation refers to the relationship of cause and effect between

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