The Legal Concepts and the Expected Legal Progression (Trial Process)

 
In this case, the primary legal concepts are associated with nursing malpractice and negligence. According to ANA, malpractice is negligence, breach of duty or misconduct by a profession that causes damage or injury to a patient. According to Reising and Allen, (2007), the common malpractice in nursing arise when nurses fail to follow the standards of care, fail to assesses and monitor, fail to communicate, document or act as an advocate for the patient and follow the right chain of command.
In the case, it is evident that malpractice happened because the nurse had a duty to the patient, which he breached, injury occurred to the patient and a causal relationship between the breach of duty and the injury on the patient prevailed (Reising, 2012). Since the nurse had a duty to the patient, he was actively engaged in providing the required and appropriate care to the patient. Second, there was a breach of the duty because the nurses failed to communicate (the supervisor failed to return or take calls). Third, the element of proximate cause was evident because the action of the nurses and the omission of the right