Negligence

Negligence is a tort - a civil or personal wrong distinguished from criminal conduct. It is the unintentional commission or omission of an act that a reasonably prudent person would not do under given circumstances. All medical professional liability claims are classified in one of the following ways/types:

Malfeasance - execution of an unlawful or improper act (e.g., administering contraindicated medications).

Misfeasance - improper performance of an act, resulting in injury to another (e.g., administering the wrong medication or wrong dose).

Nonfeasance - failure to act, when there is a duty to act, as a reasonably prudent person would in similar circumstances (e.g., failure to order diagnostic tests or prescribe medications that should have been ordered or prescribed under the circumstances).

Malpractice - negligence or carelessness of a professional person (e.g., a nurse, pharmacist, physician, accountant).

Criminal negligence - reckless disregard for the safety of another (e.g., willful indifference to an injury that could follow an act).

There are four elements that must be present in a given situation to be able to prove that a healthcare provider is guilty of negligence. These four elements include:

Duty of Care - Obligation to conform to a recognized standard of care

Breach of Duty - Deviation from the recognized standard of care Failure to adhere to the obligation

Injury - Actual damages required No injury, no damages

Causation - The act or conduct in departing from the recognized standard of care caused the plaintiff's injury; injury caused by breach of duty; injury must be foreseeable.

1. Summarize different types of negligence

2. How is each type addressed by your organization