FMQ for September 29 from 7 AM to 8 AM only.

1. What is the difference between negligence and malpractice in nursing?

-Negligence is defined as doing something or failing to do something that a prudent, careful, and
reasonable nurse would do or not do in the same situation. It is the failure to meet accepted standards
of nursing competence and nursing scope of practice. On the other hand, malpractice is a fom of
negligence and refers to negligence committed in carrying out professional duties. The standard that is
used to determine malpractice is "What is the care that reasonably should have been exercised under
the circumstance?". In the nursing context, did the nurse act with the degree of competence that is
expected based on etalished standards within their education, training, and scope of practice. Harm to a
patient forms the basis of a malpractice case.

2. What is the importance of an incident report?

-Incident reporting (IR) in health care has been advocated as a means to improve patient safety. The
purpose of IR is to identify safety hazards and develop interventions to mitigate these hazards in order
to reduce harm in health care. IR has helped to put patient safety on the agenda, and a cultural change
towards no blame.

3. In order to protect nurses from liabilities, what should nurse managers observe?

Responsibility and Accountability.

A nurse manager is responsible and accountable for the day-to-day operations of the workplace. Nurse
managers have the greatest opportunity to instill the principles of professional nursing in the nursing
workforce.

October 27,2021

1.

Nursing Jurisprudence isdefined as the department of law that comprises all the legal rules and
principles affecting the practice of nursing. It includes not only the study but also the interpretation of all
these rules and principles and their application in the regulation of the practice of nursing. It deals with:

 All laws, rules and regulations.

 Legal principles and doctrines governing and regulating the practice of nursing.
 Legal opinions and decisions of competent authority in cases involving nursing practice.
2.

res ipsa loquitur (Latin for "the thing speaks for itself") is a rule that may be used where the injured
person has no direct evidence of how the injury occurred. The rule comes up with some frequency in
medical malpractice cases, because an unconscious or sedated patient is almost always at a loss when it
comes to testifying about what exactly happened. In medical malpractice case, res ipsa loquitur will
usually apply if the injured patient proves that:

 the harm ordinarily would not have happened unless someone was negligent
 the harm occurred while the injured party was under the care and control of the health care
provider, and
 the injured patient did not contribute to the harm.

Where res ipsa loquitur applies, the jury can presume that the health care provider was negligent
without requiring further proof from the injured party. It then falls on the provider to disprove any
wrongdoing.

3.

Respondeat superior embodies the general rule that an employer is responsible for the negligent acts or
omissions of its employees. Under respondeat superior an employer is liable for the negligent act or
omission of any employee acting within the course and scope of his employment.

Respondeat superior is applied to hospitals, which can be held liable for the negligence of the nurses,
technicians, physicians and other health-care workers it employs. It allows a plaintiff to file a lawsuit
without having to prove that a specific employee was negligent, as long as the plaintiff can show that
some employee of the hospital was negligent.Respondeat superior has serious implications for those in
health care. In most states, for example, a patient who alleges that he or she was injured by the
negligence of a physician employee of an incorporated medical practice group can sue and win a case
against the incorporated group on the theory of respondeat superior. The plaintiff must prove that, at
the time of the alleged negligence, the physician was an employee of the incorporated group and the
negligent treatment occurred within the scope of the physician’s employment.