Understanding and Preventing Negligence: A Comprehensive Guide for Nurses

This presentation provides a comprehensive overview of the tort of negligence in nursing practice, focusing on its legal and professional implications. It begins by explaining the concept of negligence using the the Civil Liability Act 2003 in Queensland as an example and distinguishes between negligence claims and AHPRA investigations. The presentation then delves into the three key elements of negligence: duty of care, breach of duty, and causation of damage.
CPD HOURS: 1
Registration Year 2024-2025

Course Content

This presentation provides a comprehensive overview of the tort of negligence in nursing practice, focusing on its legal and professional implications. It begins by explaining the concept of negligence using the the Civil Liability Act 2003 in Queensland as an example and distinguishes between negligence claims and AHPRA investigations. The presentation then delves into the three key elements of negligence: duty of care, breach of duty, and causation of damage.

The duty of care section emphasises that all nurses have a responsibility to provide reasonable care and skill to their clients. The breach of duty segment explains how a nurse's actions are measured against the standard of a "reasonable prudent nurse" and outlines factors courts consider when determining if a breach occurred. It also provides examples of nursing acts and omissions that can lead to harm.

Causation is explained as the legal determination of whether a nurse's breach of duty caused the client's harm. The presentation includes a case study of professional misconduct and emphasises the importance of proper documentation as a safety net for nurses.

Throughout, the presentation stresses the significance of understanding one's scope of practice, following proper procedures, and maintaining thorough documentation to protect against negligence claims and ensure patient safety.

Why this session may be relevant to your work

As a nurse I need to understand the legal framework under which I practice and also understand how to meet the expectations of the profession of the work that I do.

Learning Outcomes

In this session you will:

  • Differentiate between negligence claims and AHPRA investigations, understanding their distinct purposes and implications for nursing practice.
  • Identify and explain the three key elements of negligence (duty of care, breach of duty, and causation) as they apply to nursing practice.
  • Analyse potential nursing acts and omissions that could lead to negligence claims, and develop strategies to mitigate these risks in daily practice.
  • Demonstrate the importance of thorough documentation and working within one's scope of practice as critical safeguards against negligence claims and professional misconduct allegations.

Mary Clement

BScN, RN, JD, GradDip, Solicitor
Maria Clemente is a registered nurse and solicitor. She completed her Bachelor of Science in Nursing (Honours) at Brock University in Canada. She worked in rural Ontario in the areas of Emergency and Aged Care.