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Torts in nursing are wrongful acts that can harm patients and potentially lead to civil liability for the involved nurse. These wrongful acts range from unintentional errors to deliberate actions. Depending on the nature and severity of the tort, a nurse found liable may face financial penalties or disciplinary actions. Understanding the distinctions between intentional, quasi-intentional, and unintentional torts is crucial for nurses to mitigate risks and provide safe patient care.
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Navigating the Litigation Experience.

Caitlin M Kosar1,2, Kimberly Cleveland1,2

  • 1Caitlin M. Kosar, MSN, RN, CMSRN, Clinical Faculty, Kent State University College of Nursing, Kent, OH; Clinical Nurse Level III, University Hospitals, Cleveland, OH.

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This article provides nurses with foundational knowledge of the legal litigation process and essential legal terms. It aims to build nurse confidence when facing malpractice claims, particularly in orthopaedic cases.

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Area of Science:

  • Healthcare Law
  • Nursing Practice
  • Medical Malpractice

Background:

  • Healthcare is a strictly regulated field requiring adherence to laws, policies, and standards of care.
  • Poor patient outcomes can initiate a malpractice lawsuit, involving healthcare practitioners in legal proceedings.
  • Nurses, as key care providers, are frequently involved in legal claims.

Purpose of the Study:

  • To equip nurses unfamiliar with legal claims with foundational knowledge of the litigation process.
  • To enhance nurses' confidence in navigating legal claims and malpractice cases.
  • To provide an overview of nursing licensure and essential legal terminology.

Main Methods:

  • Review of the legal litigation process relevant to healthcare.
  • Explanation of nursing licensure requirements and implications.
  • Introduction of a case scenario focusing on nursing's role in orthopaedic malpractice.

Main Results:

  • Nurses may encounter legal claims due to their central role in patient care delivery.
  • Understanding the litigation process, licensure, and legal terms is crucial for nurses.
  • A specific orthopaedic medical malpractice case illustrates the nurse's legal responsibilities.

Conclusions:

  • Nurses require comprehensive understanding of the legal system to confidently manage malpractice claims.
  • Knowledge of healthcare regulations and legal procedures empowers nurses in litigation.
  • This article serves as a foundational resource for nurses facing legal challenges.