People die under healthcare professionals everyday. While this is unfortunate, many deaths are a result of the natural cycle of life. It is only when unneeded death occurs due to medical error that the law enters into the scene. This is where malpractice comes into place.
Medical error can happen. Learn what constitutes meidcal error. Please also visit our Legal Nurse Consulting Certification
The article, “What is medical malpractice?” from Augusta Free Press looks at what malpractice is and the steps needed to be taken. The article states,
“Individuals across the world place their faith in hospitals, doctors, and medical staff. They see health professionals when they are ill and take their children, grandparents, and friends, as well.However, sometimes a single negligent act by the very person in charge of someone’s life can have devastating consequences.”
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.
Please also review our Legal Nurse Consulting Program and see if it meets your academic and professional goals
Legal Nurse Consultants can also play a role in helping attorneys form defenses in cases, or help patients find justice
Please also review our Legal Nurse Consultant Program and also review the article above on Professional Judgement Immunity
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.
A malpractice notice can be a stressful time for a healthcare provider. Please also review our Legal Nurse Consulting Certification and see if it meets your academic and professional goals
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.”
Medical error can become less culpable or forgiven in some cases according to the Emergency Doctrine. Please also review our Legal Nurse Consulting Program
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.
Legal Nurse Consultants play an important role in producing expert witness and also expert affidavits. Please also review our Legal Nurse Consulting Certification
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.
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.
Doctors need protection against legal action of all types of possible malpractice. Please also review our Legal Nurse Consultant Program
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
Staffing numbers and patient safety is a key importance in any medical facility. Please also review our Legal Nurse Consulting Program
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.
Medical errors can happen and nurses need to be protected with liability insurance. Please also review our Legal Nurse Consulting Program
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.
Medical errors can happen. Facilities need to ensure quality but sometimes mistakes happen. Please also review our Legal Nurse Consulting Program
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.
Malpractice is an unfortunate reality in healthcare. Legal Nurse Consultants can help find justice for patients
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.
Healthcare professionals can make errors. If something deviates from standard of care, professionals can face legal consequences
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.
Legal Nurse Consultants can play a pivotal role in helping patients find justice. They are able to aid malpractice firms in identifying standards, analyzing reports and offering expert testimony
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.
Please review our online program in Legal Nurse Consulting and see if it meets your academic and professional goals and needs.
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.
