Question

Explain the four elements necessary to prove negligence. (The four D's: duty, dereliction, direct cause, damages.)

How might accurate, complete medical records help in defending efforts from a plaintiff's attorney to establish the four D's?

Comment on how positive ethical practice behavior improves the quality of care and helps to protect against malpractice litigation.

Answer 1

ANSWER:-

1.The 4 elements of negligence are:-

a) duty

b)breach of duty

c) damages

d) causation.

A) Duty:- every individual have their own responsibility to behave well in a good manner.

for instance:- A Nurse has his/her responsibility to administer right medications at the right time to the right patient. and also monitor the patient and inform a physician in emergency situations.

B) Breach of duty:- the person (accuser) must prove that the defendant failed to behave in a responsible way or in a professional manner.

for example:- if a nurse administer double the dose of medication she is irresponsible of her duty and has breached her duty to administer right dose of medications.

C) Damages and causation:- thee accuser should prove that there was serious problems (injuries or damages ) due to the breach of duty done by the defendant.

example:- th patient who received double the dose of medication had undergone respiratory arrest due to overdose.

If any one element is missing, then there is no such case. That is:- if the patient had taken double the dose of medication at home, then the nurse is not responsible at all.