During a malpractice suit, how can the standard of "what the wise and prudent nurse would do" best be established?
a. From the testimony of an expert nurse
b. By consulting with nursing faculty re-garding standards of care
c. Conferring with a lawyer regarding mal-practice parameters
d. By consulting the standards of The Joint Commissions
A
The most common way to establish the duty owed by a nurse is by the testimony of a registered nurse—usually, but not always, with training and background similar to the nurse being sued. This expert witness will then testify as to what a reasonable nurse in the same or similar cir-cumstances would be expected to do. The Joint Commission standards may reflect on hospital policies and procedures, not the nurse's practice. A lawyer provides legal advice but cannot attest to the standards of nursing practice that a nurse can. Faculty can be knowledgeable about stan-dards of care, but the testimony of a nurse with similar training and background can determine what the wise and prudent nurse would have done.
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