Nurses should testify regarding nursing practice and should not testify as a medical expert linking a breach of the nursing standard of care to medical complications suffered by the plaintiff ( Echard v. Duty is nurses, as employees, agreeing to and completing their. The elements of negligence are: (1) duty (2) breach of duty (3) causation and (4) injury and damages. Although physicians have testified regarding nursing practice, it is being recognized that medicine and nursing have different philosophies and approaches, and physicians are not educated in nursing. Negligence in nursing is the failure of a nurse to act as a reasonably prudent person under the same or similar circumstances, which causes or results in harm to the patient. The question of who can testify to standards of care may depend on specific statutory or case law in any jurisdiction, but in general, a testifying expert must possess sufficient training, experience, and knowledge (as a result of practice or teaching in the clinical setting or specialty area where the incident occurred) as to satisfy the court that she or he is familiar with the accepted standard of care ( Harvey, 2004). A person who alleges negligent medical malpractice must prove four elements: (1) a duty of care was owed by the physician (2) the physician violated the. The expert’s role is to explain to the jury the standard of care based on her or his particular expertise.
Violating any statute or regulation of the state automatically makes the nurse and her or his employing facility negligent.Įxpert witnesses are used by both prosecuting and defense attorneys to establish standards of care. Performance may be quantified periodically through continuing education, peer review, and clinical area certifications.
The nurse must demonstrate competence through the elements of a professional knowledge base, awareness and use of appropriate practice standards, decision-making and communication skills, and experience. The nurse must incorporate the nurse practice act with her or his educational background, previous work experience, institutional policies, certification requirements, and technological advancements. As such, a state’s nurse practice act is the single most important piece of legislation affecting nursing practice. They define nursing, set standards for the nursing profession, and give guidance regarding scope of practice issues. The second is that the nurse failed to provide the care the patient required. The first is that the nurse had to have a duty to provide medical care to the patient. Nurse practice acts contain general statements of appropriate professional nursing actions. There are four elements for medical malpractice in nursing. State boards of nursing set the standards for entry into nursing practice, regulate licensure, enact regulations and standards, and adjudicate cases involving violations of professional standards or rules. The clinician has an obligation to adhere to federal laws and her or his state’s nurse practice act and scope of practice guidelines.
Regulations based on state and federal statutes.