What is a Breach of Duty in Nursing?
A breach of duty in the context of nursing occurs when a nurse fails to meet the standard of care that is expected in their professional role. This failure can lead to harm or injury to the patient. The standard of care is typically defined by the
Nursing Practice Act, hospital policies, and generally accepted nursing practices.
Examples of Breach of Duty
Examples of breach of duty include, but are not limited to: Failure to monitor a patient’s condition adequately
Administering the wrong medication or dosage
Failing to communicate important information to other healthcare providers
Not following proper procedures for infection control
Ignoring a patient’s call light or request for assistance
Elements Needed to Prove a Breach of Duty
To establish that a breach of duty has occurred, several elements must be proven: Duty of Care: The nurse had a duty to provide care to the patient.
Breached Duty: The nurse failed to meet the standard of care expected.
Causation: The breach of duty directly caused harm to the patient.
Damages: The patient suffered actual harm or injury as a result of the breach.
Legal Consequences of a Breach of Duty
The legal consequences of a breach of duty can be severe for both the nurse and the healthcare facility. They may include: Disciplinary action by the
Board of Nursing Lawsuits for medical malpractice
Loss of nursing licensure
Employment termination
Preventing Breach of Duty
Nurses can take several steps to avoid breaching their duty of care, including: Adhering to
Standard Operating Procedures and guidelines
Engaging in continuous education and training
Maintaining clear and accurate patient records
Effective communication with other healthcare providers
Staying updated on best practices and legal requirements
Case Study: Breach of Duty
Consider a scenario where a nurse fails to regularly check on a post-operative patient, resulting in the development of a serious infection. In this case: Duty of Care: The nurse was responsible for the patient's post-operative care.
Breached Duty: The nurse did not perform the necessary checks.
Causation: The lack of monitoring led to the infection going unnoticed.
Damages: The patient suffered complications and required additional treatment.
If these elements are proven, the nurse could be held liable for the breach of duty.
Conclusion
Understanding and preventing a breach of duty is crucial for maintaining the integrity and trust in the nursing profession. By adhering to established standards and continuously improving their skills, nurses can ensure they provide the highest quality of care to their patients, thereby minimizing the risk of harm and legal repercussions.
