Liability in nursing training: Is there puppy protection?

liability in the Nursing - a topic that gives many nursing students a stomach ache. You are still at the beginning of your career, want to do everything right and yet, or perhaps precisely because of this, you are afraid: What will happen if I make a mistake? Am I liable, even if I'm still in training?

This uncertainty is absolutely understandable - and you're not alone. Many nursing trainees feel insecure when it comes to legal responsibility and liability - especially if the instructions are not ideal or you feel left alone in everyday life. 

At the same time, the following also applies to nursing training: No master has yet fallen from the sky. Mistakes are part of the learning process. This is precisely why many nursing students hope for a kind of "puppy protection" - in other words, that their mistakes will be tolerated and that they will not have to take immediate responsibility for the consequences. This need for security not only affects young trainees, but also career changers who have to find their way in a completely new professional field.

But how is this actually regulated by law? When are trainees really liable - and when are they not? In the following article, we take a closer look at the legal framework and give you practical tips on how to get through your day-to-day training more safely - even if something goes wrong.

Who is liable for errors in nursing training?

A brief moment of carelessness - and it's already happened. The infusion goes wrong, a bed rail is forgotten or the wrong care documentation is filled out. Especially during training, when every move is still new and the responsibility lies heavily on your shoulders, a small mistake can raise big questions: Who is to blame now? Am I liable - or my instructions?

This uncertainty concerns many nursing trainees - and rightly so. After all, the balancing act between learning and responsibility is challenging. But what does the law actually say? Who is really liable if something goes wrong during nursing training? A look at the legal framework in Germany and Austria provides clarity.

Legal basis in Austria

The following also applies in Austria: As a nursing student, you do not automatically bear full responsibility if a mistake happens to you.

Here the Berufsausbildungsgesetz (BAG) liability. Apprentices and trainees are only liable if they cause damage through gross negligence or intentionally. So if you do something wrong as part of your instructions because you are still learning, you are legally protected in many cases - especially in the case of minor mistakes or if no one has shown you how to do it properly beforehand.

The training is provided by the Pflegeassistenzberufe-Ausbildungsverordnung (PA-PFA-AV) and the Health and Nursing Care Act (GuKG). This also clearly states that training companies must instruct you well and that you are not liable for things that you do not yet know or cannot do.

Legal basis in Germany

In Germany, the following generally applies: According to the Vocational Training Act (BBiG) and Civil Code (BGB), you are only liable if you cause damage intentionally or through gross negligence. But there is an important protective rule - limited employee liability. This takes into account:

• Are you still at the beginning of your training?
• Was everything explained to you in detail?
• Were you sufficiently instructed?

So if you make a mistake without meaning to, and were not left alone, it is often assumed that you are not solely to blame. You may only have to reckon with consequences in the case of gross mistakes or intent. In the case of minor, inadvertent mistakes, the employer or the institution is usually responsible.

The training itself is based on the Nursing Professions Act (PflBG). It tells you what you have to learn, how your training will proceed and what responsibilities the school and practice location have. Your level of training is therefore always taken into account when something happens.

 

Important in both countries: Good education is the be-all and end-all

The training to become a nurse requires a special degree of care, accuracy and, especially when handling medication, the greatest possible freedom from errors. However, nurses are just people who have to go through training first. And as in every profession, the nurse is first of all a student and must be competently trained.

In order for you to be well protected, it is crucial that you not be left alone, but that you receive good guidance. Nursing institutions have a duty to accompany and guide you in your learning phase. Only then can you gradually take on responsibility - in a safe environment.

By the way: A health and nursing student reveals the importance of practice during training here.

What does implementation responsibility mean?

Execution responsibility means that the person carrying out a task or action is responsible for ensuring that everything is done correctly, safely and according to specifications. This responsibility includes not only acting correctly, but also dealing with potential problems and risks.

A particularly important aspect of this is honesty and open communication. Being honest and talking openly about possible difficulties or mistakes protects yourself and others. Transparent communication is the only way to identify risks at an early stage and find solutions together. Hiding or concealing problems often leads to greater damage or danger.

Honesty and open communication are therefore not a sign of weakness, but an important protective mechanism. They help to create trust and ensure that responsibility is really lived and not just formally assumed.

When does "puppy protection" really kick in?

Often you hear the term  "puppy protection" in everyday ward life or at school. But what exactly does this mean - and does it really protect you from legal consequences?

The so-called "puppy protection" describes a kind of exceptional situation for trainees: If you are working under direct, immediate supervision - i.e. your practice supervisor is really standing next to you and could intervene at any time - then you are usually liable not you, but the person giving the instructions. Because: At this moment you do not bear full responsibility, but the person responsible for supervision does.

But this also means: The protection applies not automatically - but only under very specific conditions.

Example 1 from practice

Imagine that you are supposed to administer an injection under supervision. Your practice instructor shows you the procedure beforehand, stands right next to you and observes every step. You inject - but you overlook a note on the medication packaging. Your instructor could have noticed the mistake and intervened - but didn't.

In such a case, the responsibility lies with the person giving the instructions. You were not on your own, but acted under direct supervision - so the "puppy protection" applies.

Example 2 from practice

Imagine you are in your second year of training. Your instructor has already shown you several times how to draw up and administer an injection. Today you are alone in a resident's room, preparing the syringe and injecting the medication without consultation. You mix up the dosage - and the resident reacts with side effects.

In this case, the "Puppy protection" no longer applies, because:

• You are not under direct supervision.
• The task of your current level of training.
• You acted independently, even though there was a potential for error.

This means: You share responsibility here, at least in part - depending on whether you are proven to be guilty of simple or gross negligence. Although limited employee liability protects you, you are no longer automatically free of responsibility.

Checklist: When you are liable - and when you are not

Sometimes it's like a balancing act on a tightrope: you want to learn, do everything right at the same time - and then you make a mistake. But who falls and who catches? This table shows you at a glance when you are legally protected - and when you are responsible.

Whether you are liable depends heavily on how well you were guided and how safe the situation was. If you are closely supervised, the so-called "puppy protection" applies - you are still learning and are allowed to make mistakes.

However, if it is a case of gross negligence or independent decisions without consultation, your responsibility may also come into play. It is always important to express doubts and it is better to ask too much than too little.

Internal damage compensation: What does it mean for you?

If damage really does occur - for example, if a device breaks or a patient is accidentally stored incorrectly - the question of the financial consequences quickly arises. In many cases, this is where internal damage compensation comes into play.

This means:

Employers and employees - including you as an apprentice or trainee - share responsibility in the event of damage. Depending on how serious your mistake was, it will be decided whether you are jointly liable - and if so, to what extent.

• Slight negligence means that someone did not fully comply with a duty of care, but the error was rather small or unintentional - for example, if you accidentally misunderstood a work order.
• Gross negligence is when someone has acted very negligently or carelessly - i.e. should have done much more to avoid the damage. For example, if important safety rules were completely ignored.

This difference is important because it determines how much someone has to pay for the damage: In cases of slight negligence, the damage compensation is often lower or you may not have to pay anything at all. Gross negligence, on the other hand, can result in higher costs or other consequences for you.

Your rights during training

In addition to duties, you also have clear rights - especially in such a responsible professional field as nursing. These rights should protect you and enable you to learn in a safe environment.

Here are a few important points:

• Right to guidance: You may not take on tasks for which you have not been prepared. You are entitled to competent guidance.
• Right to error-friendliness: You are allowed to make mistakes - as long as they are not due to intent or gross negligence. Learning only works through experience.
• Right to safe working conditions: You don't have to take on dangerous tasks under time pressure or staff shortages.
• Right to ask questions:You may (and should!) ask questions at any time. Uncertainty is not a flaw - it's professionalism.

You are a nursing student - not a finished nursing professional. And that's a good thing! Your goal is to learn step by step. To do this, you need guidance, time, trust - and the secure feeling that you can make mistakes as long as you deal with them openly and responsibly.

The issue of liability in nursing training is complex - legally and emotionally. One thing is clear: you bear responsibility from day one. But you must not be left alone. Nobody expects perfection - especially not in a profession that requires so much specialist knowledge, sensitivity and humanity.

Mistakes happen - that's part of learning. It is important that you receive good guidance, are allowed to ask questions and that your doubts are taken seriously. There are legal protection mechanisms for this, in Austria as in Germany. The so-called "puppy protection" applies if you are working under direct supervision. And the following also applies otherwise: you only bear the consequences personally in the event of gross negligence or intent.

Our appeal to you:
Be open, address uncertainties and ask for guidance. Not out of fear - but out of responsibility: for yourself, your colleagues and, above all, for the people you care for. You are a trainee - not a lone wolf.

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