Claim of Negligence
In determining whether negligent care occurred, proper assessment is needed. This paper discusses the elements necessary for a case of negligence to be claimed. It then evaluates the case of the unstable child under the care of the new graduate nurse. Ultimately, the case centers on breaching duty of care and whether or not that breach occurred.
To determine if negligence occurred, four elements must be proved: duty, breach of duty, causation, and damages (Cheluvappa & Selvendran, 2020). In other words, to establish a claim of negligence, firstly, there must be a demonstration of a duty of care owed by the defendant (the care provider) to the plaintiff (the patient or patients family). In healthcare, this duty arises naturally from the professional relationship between the healthcare provider and the patient (Sand et al., 2022). The second element is a breach of this duty, where the defendant fails to fulfill the obligation to provide care that meets the standard expected of them. This breach is evaluated based on what a reasonable and prudent healthcare provider would do in similar circumstances.
The third element is causation, which requires showing that the defendant's breach of duty directly caused or substantially contributed to the harm suffered by the plaintiff (Wright, 2022). This involves establishing a clear link between the actions or omissions of the defendant and the harm that occurred. Finally, the fourth element is damages, where the plaintiff must demonstrate that they suffered actual harm or losses as a result of the defendant's breach of duty. Damages can include physical injuries or financial losses. Successfully proving all four elements is necessary to establish a claim of negligence and seeking...
In this case, the new nurse had a duty to provide competent care to the child, as is standard in nursing practice. That much is clear. It is also clear, though, that the standard of care for a nurse is that the nurse needs to accurately assess and communicate changes in a patients condition to the healthcare team. The record shows that the nurse did this. In order to make a claim of...
…used in his defense against a claim of nursing negligence, too. However, this would depend on whether the physician's orders were appropriate and if they were followed correctly by the nursing staff. The fact that the new nurse contacted the
physician four times does show her attempt to seek guidance and follow medical advice.
Overall, for a claim of negligence to arise from this case, there would have to be evidence of negligence via breach of duty, and that does not appear to be found. The nursing staff and the physician were all together in the loop regarding the childs condition and the situation of instability. The case is helpful in revealing some of the challenges of nursing practice, especially concerning situations for new graduates. Experience and seniority may be considered in evaluating the standard of care, but all healthcare professionals, regardless of their length of time in the profession, are held accountable when it comes to fulfilling their duty. The question is whether or not that duty is demonstrated. The responsibilities of the nursing staff, including the charge nurse and physician, should be taken into consideration to…
