NCLEX 준비 - Negligence vs Malpractice
Negligence = Unintentional
Malpractice = Intentional
Malpractice applies to primary care providers, dentists, lawyers, and generally includes nurses. In some states, nurses cannot be sued for malpractice, only professional negligence.
Negligence is misconduct or practice that is below the standard expected of an ordinary, reasonable, and prudent person. Such conduct places another person at risk for harm. Both nonmedical and professional individuals can be liable for negligent acts. Gross negligence involves an extreme lack of knowledge, skill, or decision-making that the person clearly should have known would put others at risk for harm.
Nursing negligence occurs when a nurse fails to perform minimum nursing care within designated standards of conduct, resulting in harm or loss. Negligence can result from failure to perform a nursing duty or may result when a nursing task is done incorrectly.
Ex) The nurse checks the distal pulses of a patient’s legs two hours after they have returned from a cardiac catheterization.
