Breach of duty is defined as which of the following?

• A. Failure to meet the standard of care by omission or commission
• B. Informed consent not obtained
• C. Assault or battery
• D. Privacy violation

Answer: (A)

Breach of duty means the nurse did not meet the standard of care expected in the profession, either by not acting when action is required or by taking an action that falls short. The standard of care is what a reasonably prudent nurse would do in similar circumstances, based on training, evidence, and patient safety policies. When this standard is not met, and that deviation causes harm or risk of harm to the patient, it constitutes a breach.

This concept is one element of negligence: there was a duty to the patient, a breach of that duty, causation linking the breach to harm (or risk of harm), and damages. For example, failing to monitor a patient after medication administration or giving the wrong dose are breaches of the standard of care because they represent deviations from what a competent nurse would do in those situations.

The other options describe separate issues. Not obtaining informed consent relates to autonomy and the patient’s right to be informed before treatment. Assault or battery refers to unlawful or unwanted physical contact. A privacy violation concerns confidentiality. Each is important, but they describe different legal/ethical concerns, not the general definition of breach of duty.