Even though my employer provides malpractice insurance, Masters (2014) states that nurses should carry personal malpractice insurance because they can be sued personally and her personal assets may be at risk (p. 284). Throughout my career, I have never purchased malpractice insurance and I am questioning that decision. I started in this facility two months ago and during orientation, I was informed that personal insurance was not necessary because one of my benefits was hospital coverage. My concern is the hospital’s first priority is to protect itself from lawsuits. If I made a mistake, would the hospital put as much effort into protecting me as a private insurance company? Liguori (2006) cites a case where a nurse was only covered
As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.
The California law has a relatively brief history, starting with the passing of AB 394 in 1999, when the state established the idea of nurse-to-patient ratios before working out the details of implementation or the actual ratio parameters.
Healthcare providers should not be exempt from allegations of committing intentional torts. “The classic intentional tort in medical practice is forcing unwanted medical care on a patient ("Intentional Torts," n.d.).” Intentional torts can meet the requirements for civil and criminal action due to the nature in which the act was accomplished, and its qualified deliberate intent. To successfully sue another person for an intentional tort, intent, acting, and actual cause all have to be present (Legal Dictionary, n.d.).
The healthcare system in America, is a system that the nation is working hard to improve and perfect. This means the rules and regulations in healthcare continue to change, and often times change rapidly. In the years to come, nurse practitioners (NPs) are predicted to hold a prominent role as healthcare providers. Currently, there are many rules and regulations that prevent NPs from practicing to the full extent of their educations. While the NP certification is standardized nationwide, regulations vary from state to state and many NP are still fighting to be recognized as highly qualified care providers. These current issues make uniting the voices of NPs everywhere important for the progression of the NP career.
Between June 1980 to March 1981 four babies died at Toronto Children's Hospital. In the cardiac ward 4A and 4B was where is was happening. They were suspicious at first but declared there wasn’t a problem. In January 1981 the first victim that stood out was four-month old Janice Estrella, her autopsy showed high Digoxin level. Digoxin is a controlled drug that increase circulation and slows heart rate. Next victim happened in March of 1981 his name was Kevin Pacsai only twenty-three days old even though his condition wasn’t even life threatening, however the nurse failed to convince the doctors to attend to Kevin Pacsi even though he was struggling the morning of his death. Kevin’s autopsy came back and showed high dosage of Digoxin. After Kevin Pacsai and Janice Estrella died the connor called the police he suspected that there is a killer. Allana Miller also died of Digoxin poison. After Allan miller died they locked up the Digoxin and be administered on emergency situations
Yes. Non-profit hospitals can no longer claim immunity as a defense. The hospital was responsible for reviewing Dr. Alexander’s work and ensure he obtain a consult or examination by specialist. The hospital is also responsible for making sure the nurses on staff are adequately trained for bedside care and to inform superiors of any adverse changes in a patient.
The face of healthcare has been changing over the last decade. The role of nurse practitioners has become ever more important. This paper conducts a policy analysis as a systematic investigation of alternative policy options, for the emerging nationalized healthcare plan and the increased use of nurse practitioners. It looks at the goals of nationalized healthcare 's use of nurse practitioners and discusses to what extent this policy meets these goals. This paper begins with a detailing of the problem addressed by the policy and the goals and objectives of nationalized
A comatose patient has the same rights as to that of a patient that is fully conscious, therefore, should not receive more or less treatment because of their condition. It is fact each patient has a unique situation but that should not hinder them from the care they rightfully deserve. Health Insurance Portability and Accountability Act of 1996 (HIPAA), was put into place to ensure and improve the efficiency and effectiveness of the health care system all the while protecting patient health information. Meaning the hospital and its staff are obligated by law to be given consent before treatment. To be considered legally informed a health professional must inform and disclose to the patient and/or legal guardian of the diagnosis, the proposed
On my day off I posted my very unbelievable encounter with my favorite super star Jerod from the band “Blue Lizards” victim of a car accident lying down all bloody and unconscious on Facebook and Instagram to prove a point. I remember learning about HIPAA regulations in nursing school, How did I forgot all of the sudden it very clear and specific regulation? The American Journal Of Trial Advocacy mandates that a states that health care provider “may not use or disclose protected health information” except as allowed by other health care providers for further treatment of the individual or for billing services. In addition, HIPAA regulation affirms that a health care provider should “obtain consent of the individual to use or disclose protected
Economics and health were two independent subjects in high school, but nothing is truly independent in the real world. Supply and demand, one of the principals of economics, perfectly sums up the problem with primary health care. The supply of primary care physicians, also known as PCPs, is lacking by almost 52,000 providers to be able to fulfill the demand of the public within the next couple of years, and this isn’t a new issue (Petterson et al., 2012). Since the 1970’s there has been a shortage of PCPs, and it is becoming a bigger problem as the population grows and ages (Wilensky, 2014). The number of PCPs currently in the United States is not enough to meet the needs of the population. The view of primary care physicians and their salaries need to change in the U.S. to encourage more medical students to enter this much-needed field of practice. This paper will explore the reasons behind the shortage of PCPs and how the Affordable Care Act and the American Nurses Association are addressing this issue.
CNA Code of Ethics for Registered Nurses (2008) provides guidance in dealing with cases like this by explaining the core nursing values and responsibilities involved which are: a) providing safe, compassionate, competent and ethical care; b) promoting health and well-being; c) promoting and respecting informed decision-making, and d) Preserving dignity; e) maintaining confidentiality, f) promoting justice and g) being accountable. The first nursing value is always expected to be upheld in any case because it is their duty to provide care using appropriate safety precautions and preventing/minimizing all forms of violence (CNA, 2008). The collaboration of the nurses between the physician and Mr. C’s family has been evident since then. This therefore calls Mr. C’s nurses to be more compassionate about his situation and try to recognize where he is coming from as they build a trust-worthy relationship before judging him or jumping into conclusions like he does not want to live anymore. Even if he decides to withdraw from these potentially life-sustaining treatments, health care providers are still obliged to give him the care he need the best way they can up until the end of his life. The second nursing value, just like the first one, still calls nurses to still aim to promote or at least maintain Mr. C’s health and well-being to the highest possible level regardless of the path he had chosen for his life. This can be achieved by continuing to collaborate well with other
Many people do not ponder on the possibility of some form of malpractice or misdiagnosis occurring during their time as patient. They put their trust solely in the healthcare provider. More importantly nurses hardly ever consider being the one that causes harm or the one whom neglects a patient, let alone misdiagnose a patient. When entering the nursing field one needs to look at all options that will help protect them from sustaining any loss. Many nurses in today’s time are purchasing profession liability insurance or more commonly known as professional indemnity. Professional indemnity helps pay for expenses that occur during malpractice, negligence, and misdiagnosis lawsuits.
Many nurses need to take their own professional liability insurance, although insured by the employer. Most of the company policies are created to meet their own needs. (Eisenburg, 2010, p. 25.)
Healthcare Reform has been and still is a highly debated controversial political issue in this country. It has been a hot topic of past presidential campaigns, with many proposed solutions, none of which were enacted upon by Congress. The Affordable Care Act (ACA) was passed in 2010. This law or Obamacare, as it is commonly called, was designed to cover the 48 million Americans, including about 1 million in New Jersey who did not have health insurance. It is envisioned to provide seamless, affordable, quality care that is accessible to all. Great emphasis will be placed on transforming our current “sick care” hospital system into a community “health care” system of prevention and health promotion. This paper discusses the evolving and future roles of nurses under the new system. It also examines the proposals of a joint committee made up of members of the Institute of Medicine (IOM) and the Robert Wood Johnson Foundation (RWJF), as an initiative to help nurses in their new leadership roles to a healthier nation.
Nurses should be aware that their negligence causes very bad effects on patients and should be anxious about medical malpractice because nurses are held answerable for their own negligence and could find themselves being charged for malpractice. (Elis, 2012).