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
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’. “
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.
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.
Malpractice whether accidental or criminal is a common issue in healthcare.
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.
Legal Nurse Consultants can bring expertise to firms regarding nursing procedure and possible nursing error
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.
Security cameras in nursing homes are aimed at helping prevent injuries. Cameras also can present multiple ethical issues.
Please review our Legal Nurse Consulting Certification to learn how you can become certified in this field.
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.”
