Medical Malpractice Case Study

There is a widespread assumption that only physicians can be found guilty of medical malpractice. However, nurses are now required to have malpractice insurance, as well. The Cambridge Dictionary defines malpractice as “the failure of a doctor or other professional to do his or her job with a reasonable degree of skill, esp. when that person’s actions or failure to act causes injury or loss” (n.d., def. 1). There are some lawsuit-happy people in today’s society that seek lofty payments for malpractice claims, on the other hand, a vast amount of malpractice lawsuits are justifiable.

There are certain elements that must be proved in order to make a malpractice claim. According to the Missouri Department of Health and Senior Services, the

The HR Director is responsible for investigating the situation and all parties involved to conclude if malpractice is evident. It is a role of the Human Resources Director to be involved in patient safety, which is dependent upon the actions of the facility’s personnel (Shi, 2010, p. 211). Employee training in maintaining patient safety and training on malpractice avoidance can be incorporated into new hire orientation.

There are 4 elements that must be identified to have a valid malpractice case. According to Giordano, “the law recognizes that much of nursing care requires clinical judgment. Consequently, a patient must prove 4 requisite elements to establish a malpractice case” (2003, para. 3). Thus, the HR Director in the case study can use the same elements to manage the

According to the Missouri Department of Health and Senior Services, the organization must hire qualified staff to perform specific functions, provide opportunities for professional growth, provide adequate library services, provide staff opportunities to express ideas, provide and maintain adequate equipment and supplies, and ensure that managers and supervisors are performing their duties appropriately (n.d.). If the organization follows these basic guidelines, then there will be a decrease in the possibility of a malpractice case.

Fallon & McConnell explain that having employees participate in some organizational decisions because this helps to avoid potential problems (n.d.). Providing employees with opportunities for open discussion can help HR managers identify the areas that employees may need additional training and development. Furthermore, employees can give their input on daily operations of the organization that executives, managers, and supervisors may not be