List the elements of malpractice and give examples of each element in professional nursing practice, including ways to avoid or lessen the potential of future malpractice cases.

Malpractice, when it comes to nursing practice, is defined as negligence or a violation of professional standards that results in injury or harm to a patient. It can include errors in diagnosis, treatment plan, documentation or care and can be the result of poor communication between healthcare providers. The four elements of malpractice are duty owed to the patient, breach of duty, proximate cause and damages.

Duty Owed: This element defines the standard of care that should be provided by a healthcare professional based on their specialties and qualifications. A doctor has an obligation to diagnose illnesses accurately and provide treatments within accepted medical practices. Nurses have an obligation to care for patients in a manner that meets established standards set by their employer as well as state and federal laws (American Nursing Association, 2021).

Breach: A nurse may breach this duty by failing to respond adequately when there are changes in a patient’s condition; not informing other health professionals about changes; incorrectly administering medication; giving incorrect advice about treatment options; not following specified instructions from physicians; or other actions that fail to meet accepted standards such as those outlined by the American Nurses Association (ANA).

Proximate Cause: Proximate cause is determined when it can be shown that there was direct correlation between these acts/omissions by a health professional and an injury resulting from them (Woods & Coppola-Woods, 2018). For example: A nurse fails to document reported chest pain signs by the patient which leads him/her being wrongly diagnosed with Gastritis instead of heart attack resulting into further medical problems.

Damages: It means proving actual harm was incurred due to malpractice cases such as financial losses due doctors visits or treatments needed after suffering an error due negligence from healthcare professional including any mental anguish caused (Woods & Coppola-Woods , 2018). For example: If it is proven that failure on part of physician resulted into death of patient then his/her family members may claim damages for grief caused due death & loss ensued from it which would then need legal justifications for claim such as autopsy report etc..

By following guidelines set forth through legislation and policies put forth but employers nurses can lessen potential risks associated with malpractice cases. Taking extra time reviewing charts before making decision related to treatment plans should be done routinely so documentation supports those choices if questioned later on down road (ANA , 2021) . Regularly reviewing evidence base regarding best practices also helps nurses stay abreast with latest development relating care plans associated with various diseases which help improve quality care provided thereby reducing future malpractices cases related errors in diagnosis/treatment decisions etc.. Additionally having advanced certifications demonstrating knowledge expertise makes all involved parties more accountable if mistake occurred.. In addition displaying professionalism expected within workplace environment goes long way towards creating trust between client /nurse during healing process thereby increasing chance healing process taking place uninterrupted leading diminished chances potential malfeasances occurring involving client’s case..

References :

American Nursing Association( ANA) .(2021 ). Practice Standards – Professional Conduct & ethical behavior .Retrieved From https://www.nursingworld .org /professional-development /practice -standards /ethical-behavior/

Woods ,Delina D.,Coppola -Woods D.,Phillip G.(2018) Legal Issues affecting advanced practice nursing Practice Management ,7th edition [Book].Retrieved From http://online .vitalsource .com/#/books /9781259722966