Nursing Malpractice Essays (Examples)

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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….

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….

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….

Responsibilities of Nurses to Patients
Why is it important

The role of nurses has a direct implication on the patients. For example, nurses observe and provide direct care to the patients. The physicians give orders and thus are the role of the nurses to implement (Aiken et al., 2014). Often, the work of the physicians is not complete without the help of the nurses. The nurses are responsible for changing clothes and giving the medications to patients. Often, the patients are unable to do basic tasks, and therefore the roles of nurses become very important. Nurses keep medical records for the patients and therefore give medications to the patients in time and monitor their progress.

Another important role of the nurse is assessing the response of the patients to medications. Keep the records for the progress of patients is an invaluable practice. The records help the nurses to monitor how the patients are….

Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of care and this can result in a malpractice case. The six elements on malpractice as are follows:
Duty:

This refers to the relationship that the nurse has with the patient or in other words, it needs to be established that the nurse has the duty to provide care as the patient demanded. "Duty is the obligation of due care owed by one person to another as appropriate for the circumstances and as may be dictated by the law." (Sharpe, p. 18) The plaintiff must establish that the defendant had a legal obligation to provide expected care.

Foreseeability:

This refers to the link that is expected to exist between nurse's actions and the injury caused. In other words, the results of nurse's action should be foreseeable….

Nursing Definitions
Autonomy

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….

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….

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….

Nursing in the Media Not
PAGES 7 WORDS 2210

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….

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….

(Chizek, 2003)
The ole legal nurse consultant may provide service in a number of roles, including but not limited to:

Consulting expert

Testifying expert

Facility-based investigator

Trainer and in-service presenter

Peer reviewer

Quality improvement, risk management, claims management

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."….

Nurse Educators Today
PAGES 4 WORDS 1134

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….

Nurse Is What I Love
PAGES 2 WORDS 627

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….

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13 Pages
Literature Review

Healthcare

Nursing Malpractice Introduction- Modern Nursing

Words: 4389
Length: 13 Pages
Type: Literature Review

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…

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4 Pages
Essay

Health - Nursing

Healthcare Nursing Malpractice and Negligence According to

Words: 1226
Length: 4 Pages
Type: Essay

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…

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1 Pages
Term Paper

Health - Nursing

Nursing Malpractice Although Not Encountered

Words: 332
Length: 1 Pages
Type: Term Paper

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…

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6 Pages
Essay

Nursing

Patient Negligence and Nursing Malpractice

Words: 1859
Length: 6 Pages
Type: Essay

Responsibilities of Nurses to Patients Why is it important The role of nurses has a direct implication on the patients. For example, nurses observe and provide direct care to the patients.…

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2 Pages
Essay

Health - Nursing

Malpractice Cases Are Not Filed Against Physicians

Words: 565
Length: 2 Pages
Type: Essay

Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of…

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10 Pages
Term Paper

Health - Nursing

Nursing Definitions Autonomy in the Nursing Profession

Words: 3242
Length: 10 Pages
Type: Term Paper

Nursing Definitions Autonomy 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…

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7 Pages
Essay

Health - Nursing

Nurse-Patient Relations the Main Focus of This

Words: 2161
Length: 7 Pages
Type: Essay

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…

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3 Pages
Term Paper

Health - Nursing

Nursing Pus Bodily Fluids and

Words: 993
Length: 3 Pages
Type: Term Paper

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…

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6 Pages
Term Paper

Health - Nursing

Nursing Law and Ethics Name

Words: 1913
Length: 6 Pages
Type: Term Paper

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…

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7 Pages
Term Paper

Health - Nursing

Nursing in the Media Not

Words: 2210
Length: 7 Pages
Type: Term Paper

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…

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2 Pages
Essay

Healthcare

Nurse of the Future the Developed Worlds

Words: 580
Length: 2 Pages
Type: Essay

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…

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12 Pages
Research Proposal

Healthcare

Nursing Evidence-Based Practice Is a

Words: 3435
Length: 12 Pages
Type: Research Proposal

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…

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20 Pages
Term Paper

Business

Legal Nurse Consultant Business Plan

Words: 5420
Length: 20 Pages
Type: Term Paper

(Chizek, 2003) The ole legal nurse consultant may provide service in a number of roles, including but not limited to: Consulting expert Testifying expert Facility-based investigator Trainer and in-service presenter Peer reviewer Quality improvement, risk…

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4 Pages
Essay

Health - Nursing

Nurse Educators Today

Words: 1134
Length: 4 Pages
Type: Essay

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…

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image
2 Pages
Essay

Health - Nursing

Nurse Is What I Love

Words: 627
Length: 2 Pages
Type: Essay

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…

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