A legal nurse consultant (LNC) reviews records for a potential claim. A post-operative patient on fall precautions was left without a bed alarm activated, contrary to hospital policy, and was found on the floor. Radiographs, CT of the head and serial assessments over 48 hours showed no injury, and the patient was discharged on schedule. Which element of a negligence claim is most clearly lacking?
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Answer: B
Duty, because no nurse-patient relationship existed: A duty clearly existed: the patient was admitted and under the nursing staff's care.
Damages, because no compensable harm resulted: Correct. Negligence requires actual harm; a breach that produces no injury, added cost or loss generally cannot support a recoverable claim.
Breach, because the alarm policy is not a standard: Failing to follow the facility's fall-prevention policy is evidence of a breach of the standard of care, so breach is not the missing element.
Causation, because falls are inherently unavoidable: Causation links a breach to an injury; with no injury there is nothing to link, and falls are not legally deemed unavoidable.
All four elements - duty, breach, causation and damages - must be proven. A clear breach without resulting harm is usually not a viable malpractice case.