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Nursing Negligence and Professional Malpractice

By: Aimee Cubillas, Allison Schwartz, Graham Scarbrough, Hossein Sahihi, Jasmine Rogers

Nursing Malpracticeand Negligence

Presentation Overview

Presentation Overview:

- What is it Malpractice?

- What are the most common reasons nurses are charged with negligence?

- What must be shown, in a court of law, for a nurse to be found guilty of negligence?

- What can nurses do to prevent themselves from being charged with negligence?

- Examples of actual cases

Definition

Malpractice

What is it?

Malpractice

"Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient" (Bal, B. S.,2009 )

Definition

Definition

• Different in each caring profession :

Medical:Professional Negligence

Social Work: Worthless behavior

Nursing: Negligent or irresponsible behavior

Areas

Areas of Malpractice

Medical treatment or intervention without patient’s consent

#1

#3

#2

Leaving patient without treatment

Presentation of misleading facts to patient

Reasons Nurses are Charged with Negligence

Most Common Reasons Nurses are Charged with Negligence

1. Assessment Errors

Assessment Errors

  • Charting errors
  • Not paying attention to changes in lab values, I&O's, and vital signs
  • Not staying alert for other underlining problems with the patient

(Calfee,1991)

2. Planning Errors

  • Failure to chart changes in patient's status
  • Confusion in understanding documentation
  • Communication errors with other health care workers

Planning Errors

(Calfee,1991)

3. Classic Intervention Errors

  • Failure to carry out physicians orders
  • Basic nursing tasks
  • Medication errors- Big One!

Classic Intervention Errors

(Calfee,1991)

Proving Negligence In Court

Must prove 4 areas of negligence in court

Civil Law:

  • Legal Rights of patients
  • Can result in financial compensation for patient
  • Typically accidental or negligence

Negligence in Court

Criminal Law:

  • Offensive Practice against patient
  • Can have legal ramifications for nurse
  • Typically occurs when the nurse is aware that actions taken are wrong and does them anyway

(McGuire, C. Mroczek, J. 2017)

Duty of Care

Nurses have a duty of care to their patients, meaning that government regulations as well as hospital policies hold nurses accountable to a certain degree of appropriate care

Duty of Care

(McCormick & Murphy, 2018)

Breach of Care

  • To prove negligence in court, it must be demonstrated that the nurse breached the duty of care
  • This aspect of the lawsuit demonstrates the areas in which a nurse failed to properly treat her patient in a way that would be expected by a reasonable nurse

Breach

(McCormick & Murphy, 2018)

Causation

  • This aspect of the lawsuit establishes a relationship between the failures of the nurse and the direct outcome that negatively impacted the patient
  • Must prove that if the patient had a different nurse who was reasonably capable, the incident would not have occurred and the patient would not have a negative impact

(McCormick & Murphy, 2018)

Damages

Damage

  • Must demonstrate that negative impacts had a financial repercussion for the patient
  • Examples include hospital bills, time lost from work, emotional damages, and loss of quality of life

(McCormick & Murphy, 2018)

Real Life Cases of Nursing Negligence and Malpractice

In Real Life

Caroline Malatesta

Judith Francis Byrd Ming

Baby Sophia

Check yourself, before you wreck yourself...or somebody else.

How to Stay Out of Jail

  • Are you qualified?
  • Details
  • 10 Rights of Medication Administration
  • Be aware of institutional policy
  • Pics or it didn't happen
  • You know what they say about "assume"
  • Worst case scenario

SUMMARY

  • In order to be charged with negligence, it must be shown that the nurse had a duty to care, breached that responsibility, causing unnecessary harm to the patient and caused a financial toll

Summary

References

Calfee, B. (1991). Protecting Yourself from Allegations of Nursing Negligence. Nursing and Allied Health Database.12,34. http://ezproxy2.mnu.edu:2048/login?url=https://cmps-ezproxy.mnu.edu:2259/docview/204528553?accountid=40962

Eisenberg, S. (2010). Protect Yourself From Nursing Negligence or Malpractice. ONS Connect, 25(4), 25.

Kane, W. & Wildermuth, J. (2011). Patient Dies Under Care of Fill-in Nurse in Oakland. SF Gate. Retrieved from

https://www.sfgate.com/bayarea/article/Patient-dies-under-care-of-fill-in-nurse-in-2308829.php

McCormick, Murphy (2018). Understanding the 4 Elements of Negligence. Retrieved from: https://www.mccormickmurphy.com/diy/liability/negligence/

McGuire, C. Mroczek, J. (2017). Nurse Malpractice. National Center for Continuing Education, Inc. Retrieved from: https://www.nursece.com/courses/99

Pascucci, C. (2015). Mom Sues for Bait and Switch in Maternity Care. Birth Monopoly. Retrieved from

http://birthmonopoly.com/caroline/

Reising D.L. (2007). Protecting Yourself From Malpractice Claims. American Nurse Today (Vol. 2 No. 2) Retrieved from: https://www.americannursetoday.com/protecting-yourself-from-malpractice-claims/

Tucker, S. (2016). $20M Settlement San Diego Infant Permanently Injured by Negligent NICU Staff. The National Trial Lawyers Top 100. Retrieved from

https://www.thenationaltriallawyers.org/2016/05/20m-settlement-san-diego-infant-permanently-injured-by-negligent-nicu-staff/

References

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