Negligence in the operating room: understanding the law.

1. Negligence has two broad meanings: it is the name for a cause of action, ie, a lawsuit for negligence or the theory of negligence; and it is a certain kind of conduct, ie, negligent conduct where one has breached a certain duty owed to another. 2. Four elements must be met to establish a negligence lawsuit: duty, breach of duty, causation, and damages. 3. The OR nurse must act as a reasonable OR nurse would under the same conditions or similar circumstances to protect the patient from harm. This professional is held to the standards of the reasonable nurse and must act in accordance with community and national standards.