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By Charles C. Sharpe
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Delmar Publishers. Guido, Ginny W. 1988. Legal Issues in Nursing: A Source Book for Practice. Appleton & Lange. 2 Malpractice DEFINITION OF MALPRACTICE Malpractice is negligence on the part of a professional only while he or she is acting in the course of professional duties. This unintentional tort involves acts of negligence by an individual employed in a position where defined levels of knowledge, technical skills, and professional standards are prescribed for anyone assuming that position. It is a failure on the part of a professional to act according to such defined standards or a failure to foresee the consequences that a person having the same or similar knowledge, education, and skills should have foreseen.
The nurse is then a borrowed servant under the control and direction of the master and should not have to bear the entire burden of blame or liability that might result from carrying out the captain's orders. Application of this doctrine in malpractice cases appears to have waned somewhat over the years, due in part to the increasing complexity of medical and nursing care and technological procedures. In today's health care setting and practice, it can be extremely difficult to assign individual blame when a number of disciplines and practitioners participate in the care of an individual patient.
7. Documentation: Inadequate documentation in nurses' notes is a principal fact in adverse court decisions in malpractice lawsuits. A failure in any one of these seven general categories can turn the best practitioner into a defendant. It is a common misconception that injuries occur principally in the high-tech, high-stress, and fast-paced setting of emergency rooms or intensive care units. In actuality, the more "mundane" setting of a medical-surgical unit and the routine tasks of basic patient care have been identified in a predominant number of patient injuries and negligence suits.