A nurse is caring for a patient in the ward. While transferring the patient from one department to another, the nurse forgets to raise the side rails. In between, the client accidentally falls down on the floor and gets multiple leg fractures. In this condition, the nurse may be liable for?

Appeared in: NORCET 2 - 2021 (shift-1)

Explanation

Malpractice is defined as negligence committed by a licensed professional, such as a nurse, while acting in their professional capacity.
In this case, the nurse had a professional duty to ensure the patient's safety, which is a recognized standard of care.
The nurse breached this duty by failing to perform a standard safety procedure: raising the bed's side rails during transport.
This breach of duty was the direct cause of the patient's fall and subsequent injuries (multiple leg fractures).
Since all four elements of professional negligence (Duty, Breach, Causation, and Harm) are met, the nurse is liable for malpractice.

Option A: While the nurse's action was a form of negligence, 'Malpractice' is the more specific and accurate legal term used when a licensed professional's conduct falls below the standard of care, causing harm.
Option B: Battery is an intentional tort that involves harmful or offensive touching without consent. The nurse's failure to raise the rails was an unintentional omission, not a deliberate act of physical contact.
Option D: Breach of duty is only one of the four elements that must be proven to establish a claim of malpractice. It describes the act of failing to meet the standard of care but is not the complete legal offense itself.

Visual 1: Flowchart: The Four Elements of Malpractice. A visual chart showing the required progression: 1. Duty of Care -> 2. Breach of Duty -> 3. Causation -> 4. Harm/Damages. This helps illustrate why 'Breach of Duty' alone is insufficient.

Clinical Relevance

Nursing practice connection: Use the key finding related to Unintentional Torts in Nursing to guide bedside assessment, documentation, and the next nursing action.
This scenario underscores the critical importance of adhering to patient safety protocols, such as using side rails, locking wheelchair brakes, and using gait belts, to prevent falls.
Nurses are legally accountable for their actions and omissions. A failure to follow established standards of care can lead to significant legal and professional consequences, including lawsuits and disciplinary action by the nursing board.
In the event of a patient fall, the nurse's priority is to assess the patient and provide immediate care, followed by notifying the provider and completing a detailed incident report. Honest and factual documentation is crucial.

How to Approach the Question

First, identify the key actors and actions in the question stem: a nurse (a professional) commits an error of omission (forgets to raise side rails).
Next, note the direct consequence of the action: the patient falls and sustains a significant injury (harm).
Evaluate the options based on their legal definitions in a healthcare context.
Eliminate 'Battery' because the act was an unintentional omission, not an intentional act of touching.
Recognize that 'Breach of duty' is only one component of a larger claim, not the claim itself.
Differentiate between the remaining two options: 'Negligence' (a general term) and 'Malpractice' (a specific term for professional negligence).

Concept Tested & Keywords

Concept Tested: Unintentional Torts in Nursing
Stem keywords: nurse, forgets to raise side rails, patient falls, leg fractures, liable
Lead-in keywords: liable for
Clinical cues: The care setting changes urgency, monitoring level, and the expected nursing action.

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Practise the full NORCET 2 - 2021 (shift-1)

Attempt every question from this paper in a timed mock, then review the full solution for each one.