Medical malpractice – two words you definitely don’t want to hear too often if you work in the healthcare sector. The Four Elements of Medical Malpractice in Nursing. Four Elements of a Nursing Malpractice Claim. Liability for breach of statutory duties is dealt with in Chapter 10 of this Report (paragraphs 10.40-10.41). Negligence 1. Author Affiliations: Clinical Practice Consultant, Quality (Ms Jacoby), Clinical Effectiveness Team, Regional Quality, Accreditation, Regulation & Licensing Department, and Critical Care/Sepsis Clinical Practice Consultant (Dr Scruth), Clinical Effectiveness Team, Regional Quality and Regulatory Services, Kaiser Permanente, Oakland, California. The first aim of the paper is to educate the Australian nursing community about medicolegal issues, statutes, important cases, legal applications, and negligence … To establish that there has been medical negligence, there are five elements which must be proven:. Understanding the four elements of negligence are essential to evaluating a malpractice case. T H E L A W O F T O R T S NEGLIGENCE 2. Along with the (NMBA) nursing and midwifery board of Australia 's codes and guidelines that the nurse should have been aware of, that would have guided her to make more beneficial decisions. Many people slip, fall, and are seriously injured when they are on someone else’s property. Everyone in the medical field is supposed to provide care that meets the required standard of care. 1. What are the 5 Ways to Prove Medical Negligence?. Australian courts recognise civil wrongs, called torts. Malpractice and Negligence Alice C. Murr and Mary Frances Moorhouse Nursing is a dynamic profession that continually evolves in response to changing needs, demands, and resources of society. Breach of Duty: The defendant breached that legal duty by acting or failing to act. The authors report no conflicts of interest. In order to prove negligence, a plaintiff is required to show each of the following: There are other kinds of negligence cases as well. A Duty of Care. Since early American law was formed, negligence was considered a distinct tort in which a person was held subject to liability for carelessly causing harm to another. Nursing and Midwifery Board of Australia (NMBA) means the national body responsible for the regulation of nurses and midwives in Australia . Four elements of negligence that must be met in order for the nurse to be considered legally negligent. Particular features for a nursing profession include the following CHAPTER 46. Each of the elements must be proven. In order to file a medical malpractice lawsuit against a nurse, there are four elements of medical malpractice that must be met. The most common tort worldwide is negligence. For the wrongful act carried by the nurse due to negligence or carelessness will hold the nursing manager liable. Instead, most of them involve the four elements of negligence. THE NATURE OF TORTS • A tort is a civil wrong • The law of torts deals with the rights and obligations people owe to others and the infringement of these rights and obligations • The purpose of the law of torts is to provide compensation or damages to the people whose rights have been infringed. Law of Negligence Review Page 102 7.3 The Panel will not make any recommendations in this Report about when contractual duties to take reasonable care should arise. The nursing manager considered an employer and they employ nurses as employees. Elements of Negligence. The elements are: Duty: The defendant owed a legal duty of care to the plaintiff. The law has deemed that medical professionals owe their patient a duty of care. To prove medical negligence has occurred, there must be a duty of care owed and this duty must have been breached. 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