In its simplest term’s negligence can be defined as a failure to exercise the degree of care that a reasonable nurse would exercise under the same or similar circumstances.
Legally negligence consists of four elements that must be proven:
First it must be proven that a home health care nurse owes a duty to the patient. Their duty was to provide care that a reasonable and prudent nurse would be expected to provide.
Second it must be proven that your home health care nurse breached their duty to the patient by either omitting necessary care or giving care that is not performed in a safe and effective manner.
Third it must be proven that your home health care nurse breach of duty caused the patient’s injuries.
Lastly it must be proven that the patient suffered actual harm, in other words some injury or worsening of the patient’s condition occurred because of your home health care nurses breach of duty.
If all these conditions are proven in court the patient can recover compensatory and possibly punitive damages.
It is important to remember that even when some care duties are delegated to unlicensed nursing assistants the legal responsibility remains largely with the registered nurse or agency that sent out the nurse to the affected patient.
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