practice is causation and the fourth element is damages.
Regarding the first element of malpractice, a special relationship exists between nurse and patient. Nurses have a duty to use due care in the service of their patients: "Duty is defined as a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others." Duty can be created by a variety of means including oral contract, statute, or the internal rules and regulations of an institution. Unless the duty relationship is clearly established, no finding of negligence can be proven. For instance, the New York courts ruled that no duty of care was established between army medics at a military academy and a civilian visitor who suffered cardiac arrest. The army medics acted as voluntary ambulance personnel and therefore could not be held liable for gross negligence.
The second element of malpractice deals with standards of care. This standard describes the conduct expe
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