Malpractice insurance is critical and to any physician. Doctors who work with hospitals may have special coverage but when a hospital closes or a doctor operates on his own, then he or she will definitely require some sort of protection. This is not about being a bad doctor or a good doctor but common sense and protection of one’s practice and life.
The article, “A hospital’s closure leaves doctors ‘scrambling’ for malpractice coverage” from Advisory Board looks at the importance of this. The article states,
“Nearly 1,000 medical residents who worked at the now-closed Hahnemann University Hospital spent the final weeks of 2019 “scrambling” for malpractice insurance afterthe hospital’s closure left them with a massive “hole” in coverage, Peg Brickley reports for the Wall Street Journal.”
Proper staffing with nurses helps increase patient safety and better success. Stronger laws are always a possibility for increasing patient safety in facilities. In England, these issues are being addressed
The article, “Legal responsibilities for workforce planning should be enforced” by Mimi Launder and Amanda Nieves looks a the legal responsibilities that may correlate with higher staffing standards. They state,
“To address the shortage, the College is calling for a fully costed workforce strategy, alongside clear legal duties and accountabilities for workforce supply. It says that legislation must ensure ‘the right number of registered nurses and support staff with the right knowledge, skills and experience are in the right place at the right time’. “
One of the biggest fears of a nurse is an investigation regarding their care. This can happen to even for those with the best intents. Sometimes things happen and investigations occur. Likewise, some nurses need to be investigated. If one is investigated there need to be certain steps taken by the nurse to protect one’s own license and interests.
The article, “7 Steps to Take If the State Board Investigates You, Jeopardizing Your Nursing or PA License” by Mora Hohman states,
“Before any investigation may arise, familiarize yourself with what offenses your local nursing or physician assistant board can discipline you for. The National Council of State Boards of Nursing identifies seven categories of misconduct: practice related, drug related, boundary violations, sexual misconduct, abuse, fraud, and positive criminal background checks.”
To read the entire article to learn more about state boards and investigation, please click here
Legal Nurse Consultants can help nurses face investigations and present evidence for or even against. If you would like to learn more about Legal Nurse Consulting then please review the American College of Legal Nurse Consulting’s program and see if it meets your academic or professional goals.
Nurses should always protect themselves against liability. With malpractice cases happening all the time, it is critical that nurses have liability insurance. In case of malpractice, the insurance can help find legal aide to help defend them against lawsuits.
The article, “Why You Should Always Carry Nurse Liability Coverage” by Elizabeth Binsfield relates the critical importance of possessing such insurance. She states,
“Nursing is consistently voted the most trusted of all professions. One that involves providing medical and personal care for individuals at their most vulnerable. So, why should nurses consider carrying nursing liability insurance to protect themselves from litigation? Because we live in an increasingly litigious society. Nurses are human, and, unfortunately, they can make mistakes. ”
Health facilities are not perfect. They can make errors. Sometimes the errors are extreme while other times the errors are small and not intended. Medical facilities work hard to minimize error in patient care but sometimes things can still go wrong.
The article, “5 Common Legal Issues Medical Facilities Face” from LAWFUEL looks at some of the more common legal errors medical facilities can make. The article states,
“Workers at health care facilities aim to provide the best possible care for patients, but while doing so, they need to understand the many legal challenges at play in the medical realm. Even when facilities uphold a high standard of care, things can still go wrong and result in lawsuits”
Malpractice suites are a large reality in Healthcare. When a person enters into a healthcare facility, they hope for the best. Everyone wishes and hopes for a successful procedure and receive optimum care. Physicians and other healthcare providers also hope to treat a patient successfully without error.
Error does happen and is a reality in the healthcare world. Physicians, surgeons and nurses can all make mistakes. While some healthcare professionals may be innocent, many are liable for the errors they make with a patient. These errors are later legally fought in court with opposing attorneys whose expertise is in healthcare and malpractice law. Legal Nurse Consultants play a large role in aiding legal teams in determining error.
So what is malpractice? According to the American Board of Professional Liability Attorneys there are a variety of errors that constitute malpractice. Some of the errors include failure to comply with standards within the practice or the nature of the injury. Was the injury caused by negligence and was it significant enough? (1)
Here are a few examples of errors; Failure to diagnose or to even misdiagnose, misread lab results, unnecessary surgery, surgical errors, improper medication or dosing, poor after care, premature discharge of patient, reporting improper patient information, improper testing, and failure to recognize symptoms. (2)
These types of errors lead to multiple malpractice cases in the United States. Legal Nurse Consultants play key roles in determining if procedure deviating from standards. Nurses themselves can be become subjects of inquiry if they fail to properly report and observe the patient. It is critical for nurses to report and chart information regarding patient care. When nurses deviate from these safe and proper practices, they can fall under suspicion if a malpractice case does occur. Nurses can make errors but many times they can protect themselves from liability by simply properly charting.
In essence, medical malpractice revolves around the concept of a breach of contract and a failure to comply within a certain standard of care. The history of malpractice goes back to the very beginning of America’s conception. In the case, a man sued due to his wife’s death during a surgery. He was awarded 40 pounds. (3) Today medical malpractice is a a common theme unfortunately in healthcare.
Today in the United States, 225,000 people die from some type of malpractice. A 2002 review showed that 195,000 deaths in hospitals were completely preventable. Another statistic showed that 12,000 deaths occurred due to unnecessary surgeries. (4)
These alarming statistics show the need for individuals to find the help they need. Unfortunately, only 2 percent of those injured due to malpractice ever file a claim. (5) While some cases may not be the healthcare providers error, there are so many cases where patients suffer due to medical error. Attorneys and Legal nurse consultants can play big roles in bringing justice to these patients.
The malpractice firms are able to determine if standards were met and if the patient was wrongfully injured. When this standard of care is not met, an investigation ensures. After determining if there is plausible case that the patient was wrongly injured, an attorney begins to access the financial reward of the case. In these types of cases, the age of the patient, the extent of injury, and the loss of earning are all calculated.
Legal nurse consultants help attorneys in determining the standards of care and if they were met in accessing negligence. Legal Nurse Consultants help in a variety of ways. They can investigate the case, review records and help come to a conclusion if proper care was received. Legal Nurse Consultants can also play a pivotal role in expert testimony of cases. Legal Nurse Consultants are heavily relied upon my numerous malpractice firms.
Nurses looking to diversify their career can become Legal nurse consultants. The statistics for malpractice dictate a huge need for qualified professionals. Nurses can take their medical and procedure knowledge to the court room. This requires some training on the part of the nurse. A good Legal Nurse Consulting Program can transfer a nurse into a legal aide to multiple firms dealing with malpractice cases.
Nurse can fit that need and find a alternate and side career in helping patients find justice. Nurses can also help defend healthcare providers who have been falsely accused.
The American College of Legal Nursing can offer the training and knowledge and needed to make the jump from the hospital floor to the court room. The American College of Legal Nursing offers online courses for nurses. The courses are independent study. The courses are also open enrollment. Each course has an instructor to help aid the student through the certification process. The student can utilize the instructor as much or as little as needed. The student can proceed as quickly as he or she wishes. This enables working professionals the flexibility needed to focus on their careers while they also study through the program.
The four online and independent study courses are designed to help the student understand the basics of legal nurse consulting. The program helps prepare the student to become an efficient and successful Legal Nurse Consultant. The final course culminates the information learned and helps prepare the student for reading and preparing briefs. After completing the four courses, a student can apply for a four year certification. The certification can be renewed after four years. The student is required during that time to accumulate 500 hours of clinical and practical work, as well as 50 hours of continuing education.
The College of Legal Nurse Consulting only accepts nurses into the program. It looks to help nurses make the transition into a successful legal nursing career. Nurses can play a pivotal role in this vital need and their knowledge of floor procedure are valuable assets to any malpractice firm. With a certification from the American College of Legal Nursing, a nurse can confidentially present their skill set to malpractice firms.
If you are interested in becoming a Legal Nurse Consultant and possess the knowledge and desire to enter into this field, then please review the program and see if it matches your academic and professional goals. You could then soon enter into an exciting career of Legal Nurse Consulting.
Malpractice is a big concern for both patient and caregiver. It is something that costs millions upon millions of dollars a year for caregivers. Some caregivers are simply make a small mistake while others are negligent or even criminal.
It is important that caregivers give the best treatment and respect to their patients. Unfortunately this is not always the case and patients need to seek legal action. There are multitudes of lawyers who specialize in medical error. They look to bring justice to patients who have received improper care through malpractice cases.
Whether the medical error deals with diagnoses, actual treatment, or for the care of an infant or elderly, one can seek justice against caregivers who give poor quality of care. This is why it is so important for caregivers to be diligent in their care of their patients. Whether a doctor, a nurse, or even an aide, it is critical to follow procedure, as well as document the appropriate charts.
Documentation is key especially for nurses in malpractice. It can determine guilt or innocence in a malpractice case. It can also free one from responsibility and point guilt to another party. So while accidents do happen, it is important to not care for one’s patient but to also follow procedure.
Doctors themselves also must follow procedure, but when they deviate or make decision errors, they will likely face a malpractice. Even the best intentions of a doctor can lead to error, so the reality of malpractice is always present.
A Legal Nurse Consultant is a medical expert, who understands medicine and procedure in nursing or healthcare, but also is trained in the process of medical law. They can serve both the caregiver’s case, as well as the patient’s case. Usually firms look to them for guidance in determining culpability in a medical case.
Legal Nurse Consultants can provide expert advice and also supply research, but they can also provide expert testimony in malpractice cases. They can provide justice for either the caregiver or the patient.
With malpractice such a large reality in the medical field and so many accidents, criminal or just accidental occurring, nurses can play a large role in helping determine culpability in cases. As a Legal Nurse Consultant, nurses can take their skills from the hospital floor to the courtroom.
If you are a registered nurse and would like to enter into the exciting field of Legal Nurse Consulting, then please review the American College of Legal Nursing and see if the program meets your professional goals. The program is online, independent study and even offers continuing education for some nurses. The certification is four years and can be renewed.
Please let us know if you have any interest in becoming certified in Legal Nurse Consulting. With the certification you can begin an exciting new career that diversifies and takes your nursing career into directions you never imagined.
Nursing Home Abuse is a big issue. We do not want to see our elderly family ever abused. Legal Nurse Consultants can help aid attorneys in nursing negligence as well as abuse
The article, “Reporting Nursing Home Abuse” by Eric Washburn states,
“Once the decision has been made, the family must then find a facility for their loved one. Families place their utmost trust in nursing homes to provide their elderly loved one with the care they need, along with the dignity and respect they deserve. Tragically, this does not always happen.”
Can a doctor refuse a patient? This is a great legal question and a question that can emerge in court. Legal Nurse Consultants can play a role in presenting the facts.
The article, “Can Doctors Refuse to Treat a Patient?” by Sandeep Jauhar states,
“President Trump recently announced a new rule, issued by the Department of Health and Human Services, that allows doctors, hospitals, insurers and other providers of health care to refuse to deliver or fund services like abortion, assisted suicide or procedures for transgender patients that they say violate their religious views.”
Security cameras in nursing homes are aimed at helping prevent injuries. Cameras also can present multiple ethical issues.
The article, “Security cameras in nursing homes aim to protect the vulnerable but present ethical dilemmas” by Kim Eckart attempts to look at the issues surrounding them. He states,
“The use of cameras in resident rooms is so common that some states have passed laws to help families and facilities navigate the legal issues. But it’s not just a gray zone for law. Lots of ethical issues are at play, and it raises the question of privacy’s role in our lives.”