Question 23: All of the following must be present for negligence to be considered a valid claim, EXCEPT: a. Practitioner owes a duty to the patient b. Practitioner followed the directions as stated in the department policy c. Practitioner was derelict in their duty to the patient d. Breach of duty was the direct cause of damage e. Damage or harm was caused to the patient

Question 23: All of the following must be present for negligence to be considered a valid claim, EXCEPT: a. Practitioner owes a duty to the patient b. Practitioner followed the directions as stated in the department policy c. Practitioner was derelict in their duty to the patient d. Breach of duty was the direct cause of damage e. Damage or harm was caused to the patient

Answer

The correct answer is (b) 'Practitioner followed the directions as stated in the department policy'. To prove medical negligence (malpractice), four specific elements must be established: 1. Duty: A legal obligation for the practitioner to provide care to the patient. 2. Breach (Dereliction): The practitioner failed to meet the standard of care. 3. Causation: The breach of duty directly caused the injury. 4. Damages: Physical, emotional, or financial harm occurred. Option (b) is the exception because if a practitioner followed all policies and standard procedures, they have fulfilled their duty and have not acted negligently. Negligence requires a failure to follow the standard of care, not adherence to it.