➊ The Consequences Of Medical Malpractice In Nursing

Monday, September 13, 2021 9:12:42 AM

The Consequences Of Medical Malpractice In Nursing



Bedside manner Cultural competence The Consequences Of Medical Malpractice In Nursing Education Universal precautions. While The Consequences Of Medical Malpractice In Nursing is easy to see how medical expertise is The Consequences Of Medical Malpractice In Nursing in determining whether a physician acted appropriately, this requirement also raises the costs associated with pursuing Is Technology Taking Over Our Lives? medical malpractice claim. Despite the risks, we still see The Consequences Of Medical Malpractice In Nursing medical records. In other words, we always keep your interests in mind by screening heavily The Consequences Of Medical Malpractice In Nursing ensure that The Consequences Of Medical Malpractice In Nursing are legally recognized harms in your case, and that they will be compensated enough that, if you win, the pay-off is worth the time, expense, and risk of litigation. Some provide care How Did Martha Graham Influence Modern Dance treatment services for patients in private homes. Stick to the facts; avoid opinion and characterization. The law takes their years of training and experience into consideration.

Nursing malpractice

Doctors in particular face ethical issues that relate to legal and economic issues, such as whether to withhold treatment because of cost, whether to cover up a mistake, or whether to practice defensively to avoid potential malpractice suits. Ethical decisions are as integral to patient care as clinical and technical ones. Even with a code of ethics in place, nurses may still encounter scenarios that make adhering to these principles difficult.

Sometimes the advocacy role nurses perform becomes second nature. However, this can cause problems if nurses are overworked or unprepared, despite their best intentions. Advocacy extends to the duty of healthcare administrators to ensure that nurses are working in an environment that allows them to provide patients with the quality care they deserve. Nurses have a duty to protect sensitive health information, such as medical history, and in the course of dealing with family members, co-workers, and law enforcement officials, they must preserve patient autonomy and avoid oversharing personal information.

In recent years, much more attention has been paid to the need for nurses to understand the cultural implications of their interactions with patients. Nurse Advisor highlights the many benefits nurses realize by improving their cultural competence. The ethical issues that nurses face can increase work-related stress. For example, at Nurse. That nurse sees ethics expressed in the goal of finding the solution that brings about the optimal patient outcome.

The researchers found that hospitals with the highest financial performance scores had the lowest rates of day readmissions and day mortality, among other quality and safety benefits. Nurses must be aware of the breadth of their responsibilities, and they must determine their readiness to accept those responsibilities. ANA encourages nurses to participate in community groups, join neighborhood organizations, or support candidates for local political office.

Often it seems progress on matters related to community health comes slowly or not at all, but nurses are trusted and well-respected members of their communities, and their advocacy efforts can be fruitful in many ways. A burgeoning area of ethical concern is bioethics, which attempts to promote knowledge and awareness of connections between human life, science, and technology. Bioethics combines philosophy, theology, history, and law with medical science, emphasizing the application of ethical principles in nursing and health policy. The Center for Practical Bioethics focuses on four domains :. The earlier nurses begin thinking about nursing ethics, the more aware they become of the importance of integrating ethics into all aspects of the nursing profession.

However, a recent study reported in BMC Nursing found that many nursing students minimize the importance of specific ethical values in nursing , such as discussing public policy decisions affecting healthcare funding, and participating in peer reviews. Just as nurses have many ethical duties to their patients, co-workers, and communities, nurse educators and nurse leaders have a duty to prioritize training nursing students on the importance of ethics in all aspects of nursing practice. StatPearls, Nursing Ethical Considerations.

Skip to main content. Apply Program Guide. What Are Nursing Ethics? Daily Nurse describes the four interrelated factors that influence how nurses approach health equity : Health disparities are the variations in health and healthcare among segments of the population, including ethnic minorities, immigrants, and people with low income. How Ethics Improve Patient Care Across Demographic Groups To address health inequity factors, nurses are encouraged to be aware of health disparities that could impair treatment outcomes. Nonmaleficence Nurses have an obligation not to inflict harm and not to allow others to inflict harm. Beneficence Nurses have a strong duty to act in ways that benefit individuals, communities, and society.

Justice Nurses are responsible for ensuring that healthcare benefits and burdens are distributed fairly throughout the population. Being Responsible for Decisions That Result in Suboptimal Care Nurses make decisions based on the information available to them in the current situation. Clearly, two sets of records were produced by the physician in the legal action. The medical records in any legal matter are absolutely necessary to establish not only the medical care and treatment provided, but also for use in legal proceedings.

Alteration or falsifying of a medical record has serious consequences , criminally, civilly, and affects the credibility of the practitioner, subjecting the individual to aggressive cross-examination by attorneys, or ridicule by the trier of fact, whether judge, jury or arbitrator. Evidence of falsification of medical records in a case of medical negligence can be a tremendous tool to obtain a settlement which might not otherwise have been available.

If you believe medical records have been altered, are incomplete, inaccurate, or purposely falsified, methods exist to remedy the original record s , including clearly labeling the changes to avoid the appearance of impropriety or crime. Take the time to request your medical records if you have questions as to the correctness of the records. Bring any issues or discrepancies to the attention of the physician or health care provider for your benefit!

One common example is inadequate monitoring of a patient in the hospital. In that case, you will require an independent nurse to give an opinion on whether it was below the standard of care. Similarly, when the systems, equipment, or technology of the hospital are allegedly negligent, the plaintiff must retain an expert on hospital systems to give their opinion on the reasonableness of those mechanisms. As discussed above, the successful plaintiff in negligence must prove four things.

The first of which is a breach of the standard of care. If there is a breach of the standard of care, but that person did not owe you a duty of care, you cannot succeed in a negligence claim. The nature of this requirement is best explained through an example. In the event of a motor vehicle accident, the driver has a duty of care to avoid hitting other people with their vehicle. So, if that driver is negligent and, as a result, hits somebody, they have breached their duty of care to that person.

Everyone has a duty to people who we can reasonably expect to harm through our actions. If, however, this motorist startles a pedestrian by going too fast and that pedestrian later develops a nervous condition, it may be argued that no duty of care existed. The driver arguably has no duty to protect against causing that type of harm. While proving the duty of care is an essential part of a negligence claim, it is rarely even argued in medical malpractice. This is because it is already accepted that doctors, nurses, and hospital staff owe a duty of care to their patients and have an obligation to treat them with reasonable skill and diligence. Defendants will not generally argue that no duty of care was owed to a patient because that argument has already been declared incorrect by our courts.

It is well-settled that a doctor owes their patient a duty of care even where that patient is unconscious. The test remains the same: We require medical professionals to use reasonable skill and judgment. In some circumstances, a doctor may also owe a duty of care to someone other than their patient. The third requirement that every successful plaintiff must prove in a negligence case is called causation. This means that the improper acts of the defendant must have caused the harm that ensued.

In other words, if you receive negligent treatment, but the outcome would have been the same either way, you cannot succeed in medical malpractice. While the idea itself is relatively simple, this is generally the most difficult element to prove in a claim for medical negligence. Causation is a complex area of the law because there are many competing ideas about how we determine whether one event caused another. If the court determines that, in a hypothetical world where the negligence never occurred, the plaintiff is in the same position, causation is not established and the claim fails.

Sometimes, the causal link is obvious. Things are rarely so simple in medical malpractice. When health and treatment are involved, there are almost always questions about whether some or all of the harm would have happened even if the medical care was reasonable. Consider, for instance, the famous case of Barnett v. He sought medical attention but was promptly dismissed from the hospital and told to go home. He died shortly thereafter from the poison. While sending this man home clearly breached the standard of care, the claim failed on causation. Even if the husband was admitted and a physician was called immediately, by the time arsenic poisoning was diagnosed and the antidote was administered, it would have been too late.

The man would have died in any event, so the negligence did not cause the death. This is a clear example of an unfortunate reality — substandard medical care does not always equate to success in medical malpractice. The plaintiff must prove it is more likely than not that the negligence caused their injuries, and that simple sounding requirement can quickly become problematic in medical treatment. In cases where there is a delayed diagnosis of cancer, for instance, the plaintiff will face an uphill, and arguably unfair, battle. Remember, it is not enough to show that, in this example, there was negligence.

The plaintiff will have to prove that the exact delay from the time the doctor should have diagnosed her to the time it was caught is what caused the injuries. You need to prove that your delayed diagnosis of the precise type of cancer you have caused the exact injuries you are suing for. Those are the only injuries for which you will receive compensation. In medical malpractice claims, there is usually significant debate about whether the negligence caused the harm. In situations as diverse as surgical error, poor obstetrical care, and failure to get informed consent, there will likely be at least some argument from the defendant that some or all of the injuries would have happened in any event.

These arguments are fought with medical expert evidence. A plaintiff must retain another expert to comment on whether the breach of the standard of care caused their injuries. The type of expertise required depends on the circumstances underlying the case, but it will almost certainly be from a different medical subspecialty than the expert hired to comment on the standard of care.

Often, this is grounds for immediate testing, as there could be a hemorrhage that needs prompt treatment. Where the family doctor simply dismisses the patient and an aneurysm bursts causing severe harm, the ensuing medical malpractice case will require several different experts. For causation, however, you would need to hire a neurologist or neurosurgeon — someone capable of explaining what the bleed in the brain did to that person and the injuries that were caused by the delayed treatment. The more general rule is that you need an expert in the area of the harm that was caused — so, a neurologist where a brain injury occurs, a cardiologist or cardiothoracic surgeon where harm was done to the heart, etc.

Much like the standard of care expert, it can be difficult and expensive to find the right expert to provide an opinion and write a report, but this remains an important part of advancing your claim. Causation will often be a major battle in your medical malpractice claim, but with highly trained lawyers who work in this field exclusively, and the right experts giving a supportive opinion, it is not an insurmountable obstacle.

The last element you must prove in a medical malpractice claim, and negligence more generally, is the presence of harm. While that sounds obvious — few would sue if they had not been injured in some way — there is a separate, legal definition of harm that must be considered before pursuing a case. In other words, we always keep your interests in mind by screening heavily to ensure that there are legally recognized harms in your case, and that they will be compensated enough that, if you win, the pay-off is worth the time, expense, and risk of litigation.

Legal harm simply means that your injuries would be recognized by a court and could ground a successful result at trial. You can seek compensation for either physical or psychological injuries, but there are important factors to consider when deciding whether you can prove legally recognized harm that is substantial enough to justify moving forward with your case. When determining whether you have suffered legal harm, there are two main things to keep in mind. First, the only thing you can gain in a medical malpractice case is money, so when assessing whether or not a case is worth pursuing, it is important to ask how a court would value the injuries you have suffered.

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