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Figure 1: Safety doesn't happen by accident
Malpractice is a cause of action for which damages are allowed. Most lawsuits against Nurses are for alleged violations of Tort Law. In general terms a Tort is an action or omission that harms someone.
1. Follow the Standards of Care
2. Use equipment in a responsible manner
3. Document
4. Assess and monitor properly
5. Use proper communication
PATNT INFORMATION, DISCHARGE INFORMATION, & ASSESSMENT FINDINGS
Delayed care = Serious Consequences
Not trained ? = Wrong doing
Requirements to Establish a Malpractice Case
Established by hospital records
Expert witness (nurse/doctor/health care professional) is called
What a competent nurse would have done in the exact same situation
To prevent unnecessary loss of life
What a nurse did or did not do
To prevent money loss
A 48-year-old morbidly obese woman with diabetes and sleep apnea (treated with nightly nasal CPAP), required surgery for a detached retina. The doctor did not order post op CPAP and no respiratory assessment was documented. The patient was showing S/S of pain, lethargy, cool and moist skin. The patient was found without a pulse or respiration was resuscitated and died while transport to another facility. The daughter sued resulting in a settled lawsuit of 1 million dollars.
Claims do not equate guilt. Even if you follow all of these preventions you can still be named in a malpractice suit. It is recommended that nurses invest in their own malpractice insurance to ensure their best interests are being honored.
Brown, G. (2016). Averting malpractice issues in today's nursing practice. ABNF Journal, 27(2),
25-27.
Giordano, K. (2003). Examining nursing malpractice: a defense attorney's perspective. (Legal
Counsel). Critical Care Nurse, 23(2), 104+. Retrieved from http://
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Hoffman, J., & Yu, W. (2008, May). Medical Malpractice Cases Involving Nurses (and Often Physicians).
Retrieved June 21, 2017, from https://www.rmf.harvard.edu/Clinician-Resources/Article/2008/
Medical-Malpractice-Cases-Involving-Nurses
Stubenrauch, J. M. (2007). Malpractice vs. Negligence. AJN, American Journal of Nursing, 107(7),
63. doi:10.1097/01.naj.0000279272.79475.21
Watson, E. (2014). Nursing Malpractice: Costs, Trends, and Issues. Journal Of Legal Nurse
Consulting, 25(1), 26-31.