Further damages include loss of function and deformity to some of the patient’s digit, rendering her unable to pursue her career as a musical conductor. In order for a malpractice claim to be valid, one of the four elements mentioned earlier has to be proven (Westrick, 2014). The main task by the courts is to determine if the breach of duty the cause of the damages (Walker, 2011). Insurance issues According to case 1, Betty the nurse supervisor and Dr. William, the plastic surgeon were the only ones who have insurance and hospital has a malpractice insurance. In terms of insurance issue, if the other staff RNs are found to be negligent and a malpractice claim against them were successful, they RNs involved will have to pay significant amount of money to defend themselves, although according to Westrick (2014), Many employers tell their employees they are covered for such claims by the employer’s insurance. This may be true under most circumstances, but …show more content…
In case 1 the issues in terms of risk managements were; RNs on the unit were not properly educated on chemo IV drug adverse effects, assessments, documentations and administrations; issues on new trial equipment’s, such as the IV machine loaner trial, documentations as well as proper training or inservice and short staffing issues and its risks to the patients and RNs. After the incident, risk assessments, should have address the short staffing issues that put the patients at risk and implementing a plan to where assistance should be provided to the short staff unit. Staff educations on the consequences of working the shift being exhausted. Chemo drug educations on administrations and side effects as well as documentations. Nursing Documentation and Mandatory
S first, because of the worsening back pain, which can be indicative of a potential rupture and therefore be life threatening. The RN would have the UAP take vitals and report within specific parameters to maintain a close watch over Mr. S. This is the only thing the UAP would be able to do within their scope of practice but she would be alleviating the workload. Next, the RN would assess Mr. R who is reporting severe pain due to an arterial ulcer. She would use the universal pain scale and would ask what his pain level is from a 0-10. Depending on his response, the RN would then proceed by administering pain medication depending on the rating of the pain and the physicians order. The RN would then ask the LPN/LVN to administer the pain meds but only if they are PO. If it were an IV pain medication, the RN would have to administer due to the scope of practice. In 2009, Chornick found that the scope of practice for each staff member needs to be clear and delegation needs to be administered to the competent individuals who are able to perform each task according to the current situation. After administering the pain medication, the RN would need to return to Mr. R within 30 minutes to reassess the pain level and make sure the pain had subside. After treating Mr. R, the RN would assist Ms. A by providing teaching of the Doppler study that would be performed and answer any questions she may have prior to the
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
My job has double check for all iv medication that is given. There are no verbal orders the team must place the order while rounding or within 10 mins of the conversation. We encourage family and patient to ask questions. Doing the right thing even if it’s not your patients. In a case where a RN was applying cream to a sacral wound that had eschar. It was encouraged to do a wet to dry and call for consult with wound team. It is never easy to give advice to a coworker that is season; however, it is never easy to watch a person perish due to staffing errors. Huddles are great way to get information across without placing blame. Giving advice in a non-judgmental way to coworkers. Continues education and begin a resource are a few ways to ensure patient
In that situation, the negligence perpetrated by the anesthesiologist was an error—possibly an honest mishap or a consequence of carelessness but not deliberate or criminal. One of the primary reasons the patient’s sister filed the lawsuit was the absence of communication and information surrounding what happened when her sister was permanently injured. If the anesthesiologist and archdiocese had spoken honestly and openly to the patient’s sister, it might have safeguarded them from litigation. In this case study, the archdiocese and the anesthesiologist could have “come clean” from the beginning. They could have taken responsibility for their mistakes, apologized sincerely, and offered to financially and medically support the patient for the rest of her life. In turn, the patient’s sister may not have sued them, the anesthesiologist would not have covered up his mistake (thereby committing a criminal act), and the admitting nurse would still be a nurse.
Malpractice is the failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Liability in malpractice depends on whether "a physician meets a legally required standard of care" (Greenberg 2011). Most medical malpractice suits are for negligence on the part of medical professionals in providing this expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits, though the number of malpractice claims represents only a small percentage (about 3%) of all cases of actual negligence. State tort provisions do "influence litigation risk and malpractice insurance is used to mitigate this risk" (Linville 2011).
I would say the majority of issues I have seen relate to nurses feeling their patient load was too much which may possibly result in unsafe patient care. This typically relates directly to staffing issues.
There was an error that resulted in patient harm that occurred on an oncology floor. The nurse was a newer nurse who was hanging chemotherapy and was being interrupted during the chemotherapy administration. The second nurse checking in the chemotherapy with the first nurse was also interrupted. The chemotherapy administration resulted in the entire bag being given during a short period of time because the pump was not programmed properly. Once the error was realized, the patient was sent to the ICU.
For a plaintiff to triumph a claim of medical malpractice for negligence, four elements must be established. The first element is proving the defendant owed a duty of care to the plaintiff. The second is to show that the defendant breached the duty to the plaintiff. The third is to show that the plaintiff was harmed and experienced damages. Finally, the fourth is to show that the plaintiff was harmed by the actions of the defendant (Greenberg, 2009).
Clinical negligence claims have been said to act as a `wake-up call’’ since usually it is only when a case is won that issues relating to malpractice are brought to surface. Moreover, case law demonstrates that it is usually only when clinical negligence claims are brought to the court are the judiciary provided with the opportunity to define
When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well.
Discuss how an understanding of nursing-sensitive indicators could assist the nurses in this case in identifying issues that may interfere with patient care.
He said the union was waiting to see what the results of the Fire Department's investigation would be.
“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to
Nurses were required to confirm the right patient, medication, dosage, time, and route. The five rights aided in the process but errors were still made. Nurses working long hours, mandatory overtime, budget cuts, increased patient nurse ratio, and high patient acuities are also noted to contribute to the increase of errors. For many of these issues there is not a quick remedy. Geiger shared the elimination of retribution for medications errors would help decrease the effects associated with medication administration.