The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and procedures, expert witnesses are typically called -- usually for both sides (Uribe, 1999).
In the United States, there have been several cases that have set international precedence on what constitutes "expertise." One cannot be qualified just because of a diploma, and the expert witness must also be qualified for reliability and relevance. There are two models that attempt to do just this: 1) the Gatekeeper Model which requires a hearing with the Judge prior to the trial in which the Court considers the expert's testimony as being reliable and relevant; whether a theory is tested, peer reviewed, is there a known potential error rate, and is the…...
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REFERENCES
Baicker and Chandra. (2005, August 4). Do Medical Malpractice Costs Affect the Delivery of Healthcare? Retrieved July 2010, from The National Bureau of Economic Research: http://www.nber.org/papers/w10709
Bernzweig, E. (1996). Nurse's Liability for Malpractice. Philadelphia: Mosby.
Earp, French and Gilkey. (2007). Patient Advocacy for Healthcare Quality. New York: Jones and Bartlett.
Healthcare (Nursing) Malpractice and Negligence:
According to findings by the National Practitioner Data Bank, many nurses are increasingly being involved in malpractice and negligence lawsuits (Croke, 2003). These charges against nurses are likely to occur from any failure to act or an action that may lead to patient injury. In most cases, malpractice and negligence is associated with an accidental failure to comply with a standard of clinical practice. As a result of the accidental failures to act, there is likelihood of the occurrence of a malpractice lawsuit. The charge of negligence or malpractice is complicated to defend in a lawsuit is because of the concepts of standard of care and duty of care (Avery, 2009). Most healthcare professionals in the nursing field are usually haunted by the dreams of threat of lawsuit for malpractice or negligence.
Nursing Negligence:
Negligence in the nursing field is described as the failure to use healthcare as…...
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References:
Avery, G. (2009, December 11). Negligence: A Prescribing Dilemma. Practice Nurse, 38(10).
This wrong doing is in violation of the ethical obligation of nurses to advocate on behalf patients in order to ensure their well-being. If a patient is injured due to this kind of mistreatment, the hospital is liable, and the nurse may receive discipline, possibly suspension. However, the plaintiff (the patient) may also choose to file a law suit against the individual nurse as well (Giordano, 2003).
Another example would be if a surgical nurse noticed during routine charting procedures that a patient about to go into surgery on their left knee was supposed be receiving their surgery on their right knee. To avoid medical error and a subsequent malpractice suit, the nurse could verify with other nurses and the surgeon that the patient would be receiving the appropriate surgery.
eference
Giordano, K. (2003). Examining nursing malpractice: a defense attorney's perspective - legal counsel. Critical…...
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Reference
Giordano, K. (2003). Examining nursing malpractice: a defense attorney's perspective - legal counsel. Critical Care Nurse, 23(2), 104-07.
Autonomy in the nursing profession states the importance of the client's role in making decisions that reflect advocacy for the client (Wade, 1999, p.310). Ultimately, this includes taking care of the patient physically as well as mentally and emotionally, developing a relationship with the patient that is beneficial to his care and actively advocating for the patient's rights and care. This type of autonomy, it is important to note, is not the same as individual or work autonomy, yet it must be considered that empowerment in nursing autonomy will inevitably lead to better professional and personal autonomy and should also lead to increased job satisfaction (Wade, 1999, p.310).
Typical definitions of autonomy would include the idea of complete independence for the person making the decisions. However, in the case of the nursing profession, the client's needs and desires must be heavily weighed and, in fact, become central to the idea…...
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References Cited
Wade, G.H. (1999). Professional nurse autonomy: Concept analysis and application to nursing education. Journal of Advanced Nursing, 30(2), 310-8.
Gaylord, N. & Grace, P. (1995). Nursing advocacy: An ethic of practice. Nursing Ethics, 2(1),
11-18.
White, L. (2004). Foundations of nursing: Second edition. Clifton Park, NY: Delmar Learning.
Nurse-Patient Relations
The main focus of this essay is going to concern the nurse-patient relationship idea, and why it is important. This was chosen because the researcher desired to achieve a better accepting of how a helpful nurse-patient relationship can be advanced and even from different theorists who have discovered this idea. In this essay, the researcher sets out to demonstrate what they have learnt regarding the nurse-patient relation concept and how this connection can utilized in the clinical practice setting. T The nurse patient connection, according to a study done by Press Gamey Associates Inc., creates the quality of the care experience and generates an influential influence on patient gratification. Nurses will a lot of their time with patients. Patients see nurses' relations with people among the care team and make their own conclusions about the hospital founded on what they are observing. Furthermore, nurses' approaches toward their vocation, those…...
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Works Cited
Berdes, C. & . (2001). Race relations and caregiving relationships: A qualitative examination of perspectives from residents and nurses aides in three nursing homes. Research on Aging, 23(1), 109-126.
Biering, P. (2002). Caring for the involuntarily hospitalized adolescent: The issue of power in the nurse-patient relationship. Journal of Child and Adolescent Psychiatric Nursing, 16(2), 65-74.
Heijkenskjold, K.B. (2010). The patients dignity from the nurses perspective. Nursing Ethics, 6(3), 313-24.
LaSala, C.A.-B. (2007). The role of the clinical nurse specialist in promoting evidence-based practice and effecting positive patient outcomes. The Journal of Continuing Education in Nursing, 38(6), 262-70.
Nursing means working one on one with individuals who may be bogged down will all manner of physical or mental pain and suffering or who may even be on the brink of death. Because nurses work so closely with the most delicate matters of human existence: pain, suffering, and death, ours is a difficult job.
Nursing is but one of many healthcare professions and involves unique and specific work. For instance, nurses work directly with the patient by touch and voice. Nurses listen to people's complaints and address them immediately; we massage, we empty bed pans, we bandage bruises and poke people with needles and stick tubes down their throats. Not everyone wants to deal so intimately with patients but would rather remain in the lab. Nurses usually have more direct contact with patients than doctors do, for instance. Nurses must possess a full understanding of the profession and what…...
The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.
Case Study 1 Part B
At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.
Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident and subsequent care.
Assume…...
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References
Hall, J. (1960). General Principles of Criminal Law (2nd ed.). Indianapolis: Bobbs-Merrill.
The author quotes Gary Zukav as emphasizing that if a nurse perceives herself as powerless and her image as negative, the idea can sink to the subconscious level and realize itself. She will be drawn to those who will reinforce the idea. Practitioner Pauline Robitaille's stresses impact each nurse has on others. Her influence on people she comes in contact at the peri-operative setting cannot be overstated. She found the published feedbacks of registered nurses in nursing journals as very positive while others were very negative. Those who gave positive feedbacks described the efforts of preceptors to teach and support them. Thus the intended learning flowed smoothly. However, other nurses reported the negative, punitive and critical behavior of their preceptors. The nurses described the difficulty of working with these preceptors. Hence, the nurses did not benefit from their experience with the preceptors.
Ulmer emphasizes that those in the profession must…...
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Bibliography
Gonzales, L. (2005). A mission for the center for nursing advocacy. 3 pages. Nevada RN Foundation: Nevada Nurses Association
Nursing BC (2002). How to create community media coverage for nursing. 2 pages. Registered Nurses Association of British Columbia: ProQuest Information and Learning Company
Ulmer, B.C. (2000). The image of nursing. 4 pages. AORN Journal: Association of Operating Room Nurses, Inc.
Willging, P (2005). it's time to take the politics out of nursing home quality. 5 pages. Nursing Homes: Medquest Communications, LLC
Nurse of the Future
The developed worlds are becoming older. America's population is approaching retirement age due in large part to the baby boomer generation. Those individuals born between 1946 and 1964 will be eligible for more social security and retirement benefits as time passes. As such, pharmaceutical companies, health services, and the medical industry at large will benefit from this influx of older individuals. As competition for new patents, facilities, drugs and more becomes more intense, companies will undoubtedly require more personnel to handle the subsequent demand. Those companies that can continually innovate and provide products, services and personnel that are demanded will eventually prosper as our population ages. The nursing profession is no different in this regard. They continually push the existing boundaries of science to provide better products and services to society. How they accomplish this task however is very distinct to each type of facility. Fundamental changes…...
Third, lack of attention to evidence-based practice can lead to inconsistent delivery of care services.
Evidence-based practice relates to almost every aspect of health care at every stage of a client's relationship with the institution. For example, evidence-based practice informs the types of questions asked during the diagnostic procedures and might even impact the diagnosis itself (Bennett & Bennett, 2000). Evidence-based practice impacts the methods by which infections are prevented (Cantrell, 2009). Evidence-based practices impact the extent to which nurses are empowered to make sound, safe, and effective decisions (Scott & Pollock 2008). Evidence-based practice has the potential to transform the structure of a health care organization like MMH. This is because evidence-based practice changes the hierarchical structure in the organization due to the increased responsibility of nurses for conducting their own research. Alternatively, evidence-based practice can be an extension of organizational change. Health care organizations reducing the hierarchical nature…...
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References
Artinian, B.M., West, K.S., & Conger, M.M. (2011). The Artinian Intersystem Model. New York: Springer.
Bennett, S. & Bennett, J. (2000). The process of evidence-based practice in occupational therapy: Informing clinical decisions. Australian Occupational Therapy Journal (2000), 47, 171-180.
Burns, N. & Grove, S.K. (2009). The Practice of Nursing Research. St. Louis, MO: Saunders.
Cantrell, S. (2009). Performing under pressure: Caring for decubitus ulcers. Healthcare Purchasing News. Aug 2009.
Liability insurance marketer and clinical resource" (Chizek, 2003)
As standards of care constantly change, medical and nursing staff must keep informed of current standard to develop and/or modify policies and procedures, which must be maintained and secured indefinitely. In the event the facility is sued, these will be used to establish the current standard during the time of the questionable occurrence. Policies and procedures also provide the legal nurse consultant with the foundation for facility documentation to be judged for compliance. (Chizek, 2003)
The minimum length of time the modified policies and procedures should be kept is the time frame of the statute of limitations in the individual jurisdiction. In most jurisdictions, the statute of limitations is two to three years."…...
Brown, M.R. (1999, February). America's Most Wanted J-O-B-S. Black Enterprise, 29, 109.
Chizek, Mardy. "Can you use a legal nurse consultant? These specially trained and experienced nurses can be frontline protectors against liability suits. (Feature Article)." Nursing Homes, February 1, 2003.
Clark, Scott a.. "Keys on developing the best laid business plans," the Journal Record, April 12, 1999.
Educational Standards
There are a number of common criticisms of educational standards. The first is the concern that predetermined set standards for education creates a 'teach to the test' mentality vs. truly educating students to be creative problem solvers. Another concern is that of equity in education: namely students with different learning styles, learning challenges, or socio-economic obstacles are unfairly penalized by the format of standardized tests (What do critics of standards have to say, 2004, Educational Broadcasting Corporation).
But most educators would agree that there must be standards in some form -- in other words, that every unit taught must have an objective for student learning and that students must have goals throughout the educational process. The concern is having standards imposed upon a classroom in a manner that is not truly appropriate for the students' needs and is not conducive to process-based learning. Ultimately, learning is a process, not a…...
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Reference
Mentoring: A boon to nurses, the nursing profession and patients. (2013). RWJF. Retrieved
It is not the patients themselves that get impacted but the families of these patients as well. There is a certain connection that nurses make with the families of loved ones admitted in hospitals since these nurses are the one the ones in frequent care of their loved ones.
Just the other day, as I was unloading some shopping from my car, a woman from across the road came up to me and asked me if I was a nurse to whom I replied that I was. She expressed that she had recognized me and that I was the nurse who had taken care of her husband at a time when he was admitted at the hospital. She was grateful that I was very caring and showed such compassion that she would always remember. These kind words from patients that are grateful and their family members are just a sample…...
high turnover of nursing personnel. The three main risks associated with this issue are 1) poor quality care, 2) unhealthy work environments, and 3) negative financial performance.
The first risk -- poor quality care -- is the result of a high turnover of nurses, which can lead to inadequate staffing. When there are two few nurses on any given shift, patients receive less care and attention because the nurses on shift are stretched in too many directions at once. Patients are required to wait longer, especially in the E, which can be problematic for patients requiring immediate care. Such is what happened to Edith odriguez at King-Drew hospital in L.A: she died in the E lobby waiting area because of insufficient attention given her by an over-stretched staff (AP, 2007).
The risk management solution to this first issue is to develop a temporary pool of nurses who can work on an…...
Den, H., Deanne, N., & Belschak, F. D. (2012). When Does Transformational Leadership Enhance Employee Proactive Behavior? The Role of Autonomy and Role Breadth Self-Efficacy. Journal of Applied Psychology, 97(1), 194-202.
Geiger-Brown, J. (2010). Is it time to pull the plug on 12-hour shifts? Part 1. The evidence. Journal of Nursing Administration, 40(3): 100-102.
Ihan, M., et al. (2006). Long working hours increase the risk of sharp and needlestick injury in nurses: the need for new policy implication. Journal of Advanced Nursing, 56(5): 563-568.
Nurse Communication
Communication is one of the most important aspects of nursing, as the case study of the student and the instructor indicates. The student nurse failed to communicate to the instructor the patient's abnormal oxygen saturation reading -- a reading that could have had very serious consequences for the patient. An entire week going by before this information is relayed to another nurse is highly unacceptable, considering how much emphasis is placed upon preventing medical errors from occurring (Cimiotti, Aiken, Sloane, Wu, 2012). Thus, it is imperative that student nurses appreciate the ramifications of failures in communication -- ramifications that could be potentially fatal for patients and, by extension, legally adverse for the health care facility. Stressing the crucial importance of nurse to nurse communication is vital to the well-being both of the health care organization and the well-being of the patient.
Importance of Nurse to Nurse Communication
The importance of nurse…...
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References
Cimiotti, J., Aiken, L., Sloane, D., Wu, E. (2012). Nurse staffing, burnout, and health care -- associated infection. American Journal of Infection Control, 40(6): 486-490.
Dall'Ora, C., Griffiths, P., Ball, J. (2016). 12-hour shifts: burnout or job satisfaction?
Nursing Times, 112(12/13): 1-2.
Dall'Ora, C., Griffiths, P., Ball, J., Simon, M., Aiken, L. (2015). Association of 12 h shifts and nurses' job satisfaction, burnout and intention to leave: findings from a cross-sectional study of 12 European countries. BMJ Open, 5(9): e008331.
1. The impact of nursing malpractice on patient outcomes 2. Strategies for preventing nursing malpractice in healthcare settings 3. Legal and ethical implications of nursing malpractice 4. The role of education and training in minimizing nursing malpractice 5. The importance of reporting and addressing nursing malpractice incidents 6. The cost of nursing malpractice to healthcare organizations and insurance providers 7. Comparative analysis of nursing malpractice laws and regulations in different countries 8. The role of technology in reducing nursing malpractice risks 9. Challenges and barriers to holding nurses accountable for malpractice 10. The psychological impact of nursing malpractice on healthcare professionals and patients.
11. The role of communication in preventing....
1. The Definition and Scope of Nursing Malpractice
Define nursing malpractice and distinguish it from other forms of medical malpractice. Explore the legal standards and ethical principles governing nursing care. Discuss the elements that must be proven in a nursing malpractice case.
2. Common Types of Nursing Malpractice
Examine the most prevalent types of nursing malpractice, including medication errors, falls, and infection control breaches. Analyze the factors contributing to these errors and their potential consequences. Discuss strategies for preventing and mitigating the risks associated with these types of malpractice.
3. The Negligence Standard in Nursing Malpractice
Explain....
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