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Nursing malpractice
Medical malpractice ongoing issue
Nursing malpractice
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“Nursing Accidents Unleash Silent Killers”, according to the article titled “A Wake-up Call” (Marilyn S. Fetter 2011). Mistakes or errors implemented by nurses nationwide not only kill but injure thousands. This perception of practicing nurses continuously causing errors and mistakes can be changed and something can be done about it. Although, rare cases of nursing malpractice are still on the rise. Malpractice is a serious case in which can be avoided completely by a skilled nurse who in which follows standards and safety precautions to accurately and correctly care for each and every patient. The nurse’s role in healthcare continues to expand throughout the years. For example, with the new Healthcare Reform Act taking affect the roles of the health care nurse expands even more increasing the demands placed on them for the care and treatment of every patient. This has also lead to an expansion of legal liability for malpractice. The nurse upholds a close and professional relationship with the patient and has the best advantage to impact the patient. The nurse holds the utmost responsibility in continuing to be well informed about malpractice, as well as how to avoid a malpractice case or negligence by presenting outstanding patient care; in addition to malpractice insurance to protect yourself from an undesirable outcome. Generally speaking, negligence, error, incompetence, these are the words commonly associated with malpractice yet many have no idea what the true definition states. Malpractice can be defined according to the legal nurse consultant of Independent Medical Evaluations Inc., Jan Parrish (2010), “as a violation of professional duty or a failure to meet a standard of care or failure to use the skills and knowl... ... middle of paper ... ... Health Collection. 16 Mar. 2014 Retrieved from http://go.galegroup.com/ Fetter, M. S. Nursing mistakes: a Call for unity. MedSurg Nursing June 2011: 111. Nursing and Allied Health Collection. 12 Mar. 2014. Retrieved from http://go.galegroup.com/ Giordano, K. (2010). Examining nursing malpractice: a defense attorney's perspective. (Legal Counsel). Critical Care Nurse 23.2 104(4). Nursing Resource Center. Gale. 12 Mar. 2014. Retrieved from http://go.galegroup.com/ Larson, K., & Rowena, E. (2010) The emotional impact of malpractice.(Continuing Nursing Education)(Report). Nephrology Nursing Journal 37.2 (March-April 2010): 153(4). 12 Mar. 2014 . Retrieved from http://go.galegroup.com/ Parrish, J. (2010). Elements of negligence in nursing malpractice. Independent Medical Evaluations Inc. 12 Mar 2014. Retrieved from http://www.imei.com/connections/elements.html
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Nurses are central to patient care and patient safety in hospitals. Their ability to speak up and be heard greatly impacts their own work satisfaction and patient outcomes. Open communication should have been encouraged within the healthcare team caring for Tyrell. Open communication cultures lead to better patient care, improved outcomes, and better staff satisfaction (Okuyama, 2014). Promoting autonomy for all members of the healthcare team, including the patient and his parents, may have caused the outcome to have been completely different. A focus on what is best for the patient rather than on risks clinicians may face when speaking up about potential patient harm is needed to achieve safe care in everyday clinical practice (Okuyama,
Weld, K., & Garmon Bibb, S. (2009). Concept analysis: malpractice and modern-day nursing practice. Nursing Forum, 44(1), 2-10. doi:10.1111/j.1744-6198.2009.00121.x
Medical malpractice has become a controversial social issue. From a doctor’s standpoint, decisions and preventative actions can alter the medical malpractice lawsuits filed against them. In order to protect their career and professional life medical malpractice insurance is available. Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance. “Professional liability refers to liability that arises from a failure to use due care and the standard of care expected from a person in a particular profession, in this case a doctor, dentist, nurse, hospital or other health-related organization” (Brandenburg, 2014).
...is causes injury or not is an example of unsafe practice. This act could also be categorized as careless or repetitive conducts that puts a patient in danger. Drug diversion is a type of drug dealing, nurses have access to many drugs and it is a part of the nurses’ responsibility to ensure those drugs go where they should, precisely document and closely supervised. Criminal conduct can happen in the work place or on personal time. If a nurse is convicted of a crime, such as Driving While Intoxicated, it could affect their ability to practice nursing. It is out of a RNs legal scope of practice to medically diagnose any patient, order a medical treatment or conduct a medical treatment that has not been ordered by a physician. It is the nurse’s duty to their patient’s to exhibit sound clinical judgment, with in their scope of practice to ensure patient safety.
Day by day medical technology is improving, unfortunately so are cases of nursing malpractice. By understanding the laws that governs nursing practice, it will help the nurse protect client’s rights and reduce the risk of nursing liability (Sommer, 2013, p. 23). It’s usually necessary to prove that the nurse was negligent to prove nursing malpractice. The Joint Commission defines negligence as a “failure to use such care as a reasonably prudent and careful person would under similar circumstances” and malpractice as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position. Sommer defines professional negligence as the failure of a person who has a professional training to act in a reasonable and prudent manner (p. 24).
Q.3 Nurses as part of regulated health care practitioners are responsible and accountable to abide by the standards, codes and guidelines of nursing practice (NMBA, 2016). The nurse in the case study has breached the standard 1.4 of the Registered Nurse Standards for Practice. According to standard 1.4, the registered nurse should comply with "legislation, regulation, policies, guidelines and other standards or requirements relevant to the context of practice” when making decisions because this will be the foundation of the nurse in delivering high quality services (NMBA, 2016). The nurse in the scenario did not follow the hospital policy concerning “Between the Flags” or “red zone” and a doctor should be notified of this condition. Furthermore, the nurse failed to effectively respond to a deteriorating patient.
Benner , P., Tanner, C., & Chesla, C. (1996). Expertise in Nursing Practice, Caring, Clinical Judgement and Ethics. New York, New York: Springer.
According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.
However, we are looking at a case study where patients safety has been compromised, professionalism has been voided, lack of communication, nurses aren’t liable for their work, the duty of care has been breached and lot more issues can be discovered. Which will be incorporated in this paper. Looking at the patient Christopher Hammett
Safety is focused on reducing the chance of harm to staff and patients. The 2016 National Patient Safety Goals for Hospitals includes criteria such as using two forms of identification when caring for a patient to ensure the right patient is being treated, proper hand washing techniques to prevent nosocomial infections and reporting critical information promptly (Joint Commission, 2015). It is important that nurses follow standards and protocols intending to patients to decrease adverse
In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal
Spark Ralph, S. & Taylor, C. M. (2011). Nursing diagnosis reference manual (8th ed.). Philadelphia: Wolters Kluwer Health/Lippincott Williams & Wilkins.
Spark Ralph, S. & Taylor, C. M. (2011). Nursing diagnosis reference manual (8th ed.). Philadelphia: Wolters Kluwer Health/Lippincott Williams & Wilkins.