A nurse caring for an insulin-dependent diabetic patient forgets to give him his dose of insulin. This action precipitates an episode of diabetic ketoacidosis which requires care in the ICU. In a court of law, the nurse may be found guilty of ____.

This example constitutes a potential case of negligence against a nurse. Negligence is defined by an unintentional act or failure to act as another reasonable person would which brings about harm to a patient. It does involve a breach of the duty of care. Malpractice differs in that it involves the component of intent; the laws differ from state to state but, generally, any situation in which a nurse fails to competently perform his or her duties and harm occurs to the patient may be grounds for malpractice. Misconduct and dereliction of duty are not valid legal claims.