A nurse working in a hospital setting is accused of malpractice. Which statement accurately represents a legal element of this type of negligence?
A) Malpractice is present only if a breach of duty was the cause of the harm.
B) When the harm is not clear and needs to be proved in court, the legal term res ipsa loquitur
is used.
C) Breach of duty is clearly defined as the expression of malicious intent.
D) A breach of duty is a failure to act as a prudent professional according to standards of care
designated by the federal government.
Ans: A
One of the essential elements of malpractice is a breach of duty by the professional.
When the harm is so clear and the responsibility for the harm so straightforward that it does not
need to be proved in court, the legal term res ipsa loquitur is used. Breach of duty is not
synonymous with malicious intent. The standards by which breach of duty is evaluated are not
defined by the federal government.
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