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By: Aimee Cubillas, Allison Schwartz, Graham Scarbrough, Hossein Sahihi, Jasmine Rogers
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
"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 )
• Different in each caring profession :
Medical:Professional Negligence
Social Work: Worthless behavior
Nursing: Negligent or irresponsible behavior
Medical treatment or intervention without patient’s consent
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
(Calfee,1991)
2. Planning Errors
(Calfee,1991)
3. Classic Intervention Errors
(Calfee,1991)
Must prove 4 areas of negligence in court
Civil Law:
Criminal Law:
(McGuire, C. Mroczek, J. 2017)
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
(McCormick & Murphy, 2018)
(McCormick & Murphy, 2018)
(McCormick & Murphy, 2018)
(McCormick & Murphy, 2018)
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/