Legal & EthicalQuestion 182 of 200
Negligence in nursing care requires proof of FOUR elements. Which is the correct list?
a.Duty, breach of duty, causation, and damages
b.Intent, harm, witnesses, and police report
c.Insurance, supervision, training, and apology
d.Documentation, signature, witness, and seal
Explanation
The common-law elements of negligence (California Civil Jury Instructions, CACI 400) are: (1) Duty — the CNA owes a duty of care to the resident; (2) Breach — the CNA failed to meet the standard of care expected of a reasonably prudent CNA; (3) Causation — the breach caused the harm; and (4) Damages — actual injury or loss. Failing to turn a resident leading to a pressure injury, dropping a resident during a one-person transfer, or not reporting a change in condition can all create negligence claims. Intent (b) is not required for negligence — recklessness is enough.
Law Reference: Common-law negligence; CACI 400; HSC §1276.5Practice all 200 questions free — no signup required.
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