Professional Judgement Immunity in malpractice is when attorneys or professionals give sound advice within the norms of the field but when things still go wrong. This idea is argued to be used more in the following article
The article, “Professional Judgment Immunity in Legal Malpractice Cases” by Matthew Weisberg looks at its usage. He states,
“A lawyer cannot be held liable for malpractice as long as he uses judgment that is expected by the standard of accepted legal practices and has researched all the applicable principles of law necessary to render that judgment.”
To review his thoughts on this issue, please review the entire article by clicking here
With so many intricate legal theories and laws in place in any malpractice case, it is important to have an attorney who understands the basics.
Legal Nurse Consultants can also play a role in helping attorneys form defenses in cases, or help patients find justice
Malpractice cases occur everyday. Whether the physician is in the wrong or right, cases and lawsuites range in the thousands. As a physician or healthcare provider, it is not uncommon to eventually face a malpractice charge. Whether warranted or not, healthcare providers need to be aware of the many things one should and should not do.
While this may be a stressful time it is critical to remain level minded and react in the proper emotional, professional and legal ways. A healthcare provider needs to understand how to react legally and professionally to the notice.
The article, “What to do if you are sued for malpractice” by James Sweeney offers some basic advice if sued. He states,
“How physicians behave after learning that they’re being sued for medical malpractice can determine the outcome of the case, regardless of its legal and medical merits. That’s why it’s important for physicians to know how to act upon being served notice of a lawsuit. Medical Economics spoke to malpractice defense attorneys and insurers to determine the do’s and don’ts to follow.”
Healthcare providers will need the aid of a malpractice attorney specialist who will be better equipped to mount a proper defense. Legal Nurse Consultants also play a pivotal role on a malpractice team. They are able to serve as expert witnesses and also define the industry standard in medical procedure and determine if one acted within the standards. To learn more about Legal Nurse Consulting please review the American College of Legal Nursing’s Legal Nurse Consultant Certification and see if it matches your academic and professional goals.
In malpractice cases, emergency doctrine is sometimes applied. It looks at the situation, the urgency and the time of reflection needed to make a professional medical decision. If the person acts due to the unexpected emergency within a valued norm, then negligence is overlooked in some cases.
The article, “The Emergency Doctrine Revisited” by Thomas A. Moore and Matthew Gaier look at this doctrine and its application. They state,
“The emergency doctrine is a common law rule premised on the understanding “that when an actor is faced with a sudden and unexpected circumstance which leaves little or no time for thought, deliberation or consideration, or causes the actor to be reasonably so disturbed that the actor must make a speedy decision without weighing alternative courses of conduct, the actor may not be negligent if the actions taken are reasonable and prudent in the emergency context.”
This doctrine plays interesting roles in cases if it is permitted to be considered. To learn more, please review our Legal Nurse Consulting Program and see if it meets your academic and professional goals.
Malpractice suites and claims from the plaintiff require in some states an expert affidavit. This may seem as an additional hurdle for a patient to move forward against a medical provider, but it is important to prevent false claims that can raise insurance costs. Many states require an expert affidavit. This is an important step is validating claims. It is not a huge hurdle but one that is common sense. Legal Nurse Consultants can play a role in this step of the malpractice case as well.
The article, “The Expert Affidavit Requirement in Medical Malpractice Cases” by Tatum O’Brien reviews this process and some of its implications, especially in North Dakota. He states,
“Litigating a medical malpractice case has many hurdles, one of which is the expert affidavit requirement. As part of medical malpractice “tort reform,” in addition to caps on damages and a short statute of limitations, many states have enacted laws also requiring an expert affidavit supporting the claim of malpractice.”
Please also review our Legal Nurse Consulting Program and see if it meets your needs. As a Legal Nurse Consultant, one can be play an important roles in approving affidavits. Expert witnesses and providers are key in any case, regarding of plaintiff or defendant.
Medical malpractice can cost one his or her life. It is important to find justice for yourself or a loved one if it does occur. One such dangerous misdiagnosis is lung cancer. When lung cancer is misdiagnosed, it can spread. Valuable time can be lost in treating the cancer. Legal Nurse Consultants look at cases of malpractice and discover if malpractice did occur or not. They can serve either the primary physician or the patient seeking compensation. They usually work in concert with the legal team as an expert witness or investigator.
The article, “Is lung cancer misdiagnosis medical malpractice?” from Streetinsider.com looks at the dangers of lung cancer and the options to review for a malpractice case. The article states,
“When doctors miss lung cancer, they delay a patient’s treatment. This can allow the cancer to spread to other areas of the body. It also subjects the patient to more aggressive and more invasive treatment in the future. In the most devastating cases, a patient dies because their doctor misdiagnosed their lung cancer. ”
A Legal Nurse Consultant can play a key role in diagnosing lung cancer malpractice by examining the records and determining if all the norms of diagnosis were properly carried out by the physician. Please also review our Legal Nurse Consultant Program and see if it matches your academic and professional goals.
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”