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.
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.
Legal Nurse Consultants can also play a role in helping attorneys form defenses in cases, or help patients find justice
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.
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 cases are a very common theme in the medical world. Individuals are injured and seek compensation due to negligence, misconduct, or failure to apply to medical standards. Legal Nurse Consultants play a key role in aiding the victim or helping in the defense of the healthcare provider. Long ago, the idea of nurses being sued in a malpractice was non-existent, but in recent years the chance of a nurse has increased in facing charges. Around 2 percent of all malpractice cases involve nurses. This is still very low, but if a nurse is not careful, he or she can become liable for patient injury. A nurse can lose his or her license, position, as well as personal assets in these cases, so nurses, even basic RN’s need to protect themselves with good habits in patient care. Following nursing standards and following protocol are key factors in protecting oneself as a nurse, but it goes beyond that.
Most cases against nurses involve misconduct, but can also include a variety of issues during the actual care. Besides from deviating from norms of care, nurses need to properly communicate with the physician, fellow nurses, and patient in the overall care.
Nurses also need to monitor and assess the patient. This involves watching the patient carefully and not neglecting the patient’s needs or missing important and clear changes in health. While this seems to be the most common-sense role a nurse plays, nurses can become overwhelmed with numerous patients and one can forget a minor duty.
Most attorneys look at the nurse’s role in the injury to their patient and will look at communication issues, medication errors, assessment errors, and the mental state of the nurse. Nurses need to be very vigilant in the care of their patients, not just for the patient’s health, but also for their own legal and professional security.
Most professionals agree, nurses can protect themselves through excellent charting and documentation. If it is not documented, in the eyes of the court it never occurred. Nurses hence need to document patient care and communicate it efficiently to other care professionals.
Nurses need to also work within the chain of command. If something does not seem right, they need to notify the physician and if something continues not to seem right, they cannot just remain silent, but contact the head nurse to correct the issue.
Through communication with the patient and family, most nurses can avoid these pitfalls. Most attorneys are looking to sue the system itself, but nurses play an important role in protecting the hospital through good first-hand care.
Nurses are, still nonetheless, no longer absent faces in malpractice suites and can face great legal and professional losses if they do not follow standards of care and present themselves properly in that care. It is a serious job to care for people and responsibility and professional care are prerequisites for any nurse.
If you would like to learn more about nursing law and malpractice, then please review our Legal Nurse Consulting Certification. If the program matches your academic and professional needs, you could become a certified Legal Nurse Consultant.
Work place violence is an issue in any work force. It unfortunately can cause even more issues in a hospital or with nurses. Nurses need to be focused to save lives and the issue of work place violence can be a big deal. If you would like to learn more then please also review our Legal Nurse Consulting Program.
The article, Nurses, get informed about workplace violence, states
“As the discussion continues in the nursing community on how to prevent workplace violence, laws are being enacted nationwide to reduce the number of incidents and make healthcare settings safer for both patients and staff.
In the Prevent Workplace Violence in Nursing digital edition we explore this important topic, along with measures being taken to decrease violence against medical staff. Nurses of every level and specialty should read this issue — it could make a difference in your own jobs and lives.”
In the meantime, nurses, as well as other professionals, need to work on cutting down work place violence. Healthcare officials and managers need to have the appropriate guidelines installed to prevent and react to these issues.
Please also review our Legal Nurse Consulting Program.
Good article for Legal Nurse Consultants on informed consent for legal nurse consultants and those interested in legal matters in healthcare. Please continue to view our blog for other content related to legal nurse consulting
The article, Informed consent 1: legal basis and implications for practice, Source; Nursing Times, states
“The law on informed consent in adults has recently changed. This article, the first of two on informed consent, explains how the law has evolved and how it applies to nursing practice”
To read the entire article and enroll as a guest to see many of the articles from Nursing Times, please click here
If you would like to learn more about our Legal Nurse Consulting Program then please review our program and see if it matches your academic and professional needs.
AIHCP offers an independent study, online program that allows nurses to work from home and their own pace in attaining a certification in Legal Nurse Consulting.
With many cases of nursing home arisen over patient deaths, there is new scrutiny over it.
Legal Nurse Consultants can play an important role in these cases.
The article, Taking action against deficient nursing homes, by Sharon Argenbright states,
“The New Mexican article (“Feds take action against nursing home,” Sept. 4), showcases the impact on patient care that sometimes occur when a corporation, Preferred Care Partners Management Group, buys and takes over operations of a health care facility.
I believe the philosophy of Preferred Care Partners Management Group of Plano, Texas, appears to be in tandem with the philosophy of other corporations that purchase and operate acute care hospitals in New Mexico.”