AIIMS BHOPAL NO- 2018( Shift-2nd)
Forensic Nursing & Indian laws
Easy

The commission or omission of an act that a reasonably prudent person would have performed in a similar situation thus causing harm to another person is called:

Appeared in: AIIMS BHOPAL NO- 2018( Shift-2nd)

Explanation

  • Negligence is defined as conduct that falls below the accepted standard of care of a reasonably prudent person, leading to harm.
  • It encompasses both the 'commission' of a harmful act and the 'omission' of a necessary, protective act.
  • The question's phrasing perfectly matches the legal definition of negligence, which is classified as an unintentional tort.
  • To prove negligence, four elements are required: duty, breach of duty, causation, and damages.

Why Other Options Were Wrong

  • Option B: Libel is a form of defamation that is written. The question describes harm resulting from an action or inaction related to care, not from written statements.
  • Option C: Slander is spoken defamation. The scenario in the question is about the standard of care and resulting physical harm, not about damaging someone's reputation through speech.
  • Option D: Assault is an intentional tort involving a threat that makes a person fear imminent harmful or offensive contact. No actual contact or harm from substandard care is necessary for assault to occur.

Related Visual

Visual explanation — Related Visual
Clinical Relevance
  • Nursing practice connection: This is primarily an exam-oriented knowledge point with limited direct bedside application, so retain Legal and Ethical Aspects of Nursing: Negligence as background academic context rather than a clinical decision trigger.
  • Understanding the concept of negligence is fundamental for every nurse to ensure safe practice and avoid legal liability.
  • Nurses can prevent negligence by adhering to standards of care, documenting meticulously, communicating clearly, and maintaining their clinical competency.
  • What if? - If a nurse commits an error (breach of duty) but it is caught before it reaches the patient and causes no harm, the element of 'Damages' is missing. Therefore, a lawsuit for negligence would likely fail, although the event would still require internal reporting and review.
How to Approach the Question
  • First, break down the question stem to identify the key legal concepts: 'commission or omission of an act,' 'reasonably prudent person,' and 'causing harm.'
  • Recognize that this phrasing represents a classic textbook definition of a specific legal tort.
  • Systematically evaluate each option against this definition.
  • Negligence is the failure to provide the care a reasonably prudent person would, which matches the stem perfectly.
  • Rule out the other options by their definitions: Libel and Slander are forms of defamation (written and spoken), and Assault is a threat of harm, not harm resulting from substandard care.
Concept Tested & Keywords
  • Concept Tested: Legal and Ethical Aspects of Nursing: Negligence
  • Stem keywords: commission, omission, reasonably prudent person, causing harm
  • Lead-in keywords: is called

Question ID

Q8PXIkhlV_D4zqCc54p3f6

Reference Book

E6 Nursing Fundamentals Potter Perry 12e Part 2 p. 101-103

E6 Nursing_Management_and_leadership_Johny_Kutty_JosephCbs_Publishers (pp 16-364 of 374) p. 334-336

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