Malpractice

Professional negligence by a healthcare provider resulting in harm

Definition

Malpractice is a form of professional negligence where a healthcare provider's failure to meet the standard of care causes injury to a patient. It is a civil (not criminal) matter.

Four Elements (All Required)

Duty: Nurse-patient relationship.
Breach of duty: Failed standard of care.
Causation: Breach caused harm (proximate cause).
Damages: Actual injury occurred.

Common Examples

Medication errors (wrong drug, dose, route)
Failure to assess/monitor/report
Falls
Improper delegation
Documentation errors
Abandonment of patient

Prevention

Follow protocols, use five rights for medications, two patient identifiers, SBAR for handoff, thorough documentation, continuing education, maintain liability insurance.

NCLEX Relevance

All four elements must be met. Documentation is the best legal defense.