After administering the wrong medicines to the wrong patient the nurse continues on her rounds. In order to prove that negligence or malpractice has occurred, four circumstances must be present and must be proven in a court of law. The person must be found to have failed to fulfill his or her duty. The harm must be shown to have been caused by the breach of duty. Liability A person found guilty of a tort or crime is considered legally liable, or accountable, for the outcome, whether intended or unintended.
Liability can extend to more than one person.
In the case of the homeowner, the homeowner's spouse is also liable. If the homeowner had paid someone to repair the steps and the worker had left this obstacle, then the repair person and his or her employer would also be liable, etc. In a hospital situation, the nurse, the charge nurse, the supervisor, the hospital, etc, all have liability. There are three major levels of liability in a setting other than a home setting. The employer is held responsible for hiring qualified personnel, providing appropriate environment for correct functioning and providing appropriate supervision to prevent errors or injury.