When reviewing a negligence case, assumptions and circumstantialevidence are taken into account to determine if there was negligence, in conjunction with adherence to the Standards of Care. Negligence cases requires proof that injury was done as the result of the lack of care. There are five main elements in a negligence case that need to be proven for a case to be valid. If one or more of the elements is not present, the case may be difficult to pursue--

(1) the nurse had a duty to perform for the patient

(2) the appropriate care was apparent in the situation  

(3) there was a breach or violation of patient care 

(4) there was an injury proven to result from negligence

(5) there is proof that damages occurred as a direct result of the situation.

Documenting  actions accurately at the time is vital to protecting your license. This charting,along withse who following the proper scope of practice, will likely keep health care professionals from being prosecuted for negligence.

Criminal negligence is negligence which requires a greater degree of culpability than the civil standard of negligence. The civil standard of negligence is defined according to a failure to follow the standard of conduct of a reasonable person in the same situation as the defendant. To show criminal negligence, the state must prove beyond a reasonable doubt the mental state of the person involved in criminal negligence. Proof of that mental state requires that the failure to perceive a substantial and unjustifiable risk that a result will occur must be a gross deviation from the standard of a reasonable person. Criminal negligence is conduct which is such a departure from what would be that of an ordinary prudent or careful person in the same circumstance as to be incompatible with a proper regard for human life or an indifference to consequences. Criminal negligence is negligence that is aggravated, culpable or gross.

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Louisiana Legal Nurse Consultants, LLC (State of LA Charter #36706087 K )   medmalconsult@gmail.com  Copyright @2008 by Julie Tullos, RN,BSN,CCM,LNC.. No materials or content on this site may be reproduced or copied without permission. MJT .

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