Preview

Nursing Liability

Better Essays
Open Document
Open Document
1078 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Nursing Liability
Nursing Liability
The American Nurse Association provides guidelines and policies for standards of care and scope of practice; they are listed in the Nurse Practice act. While hospital policies may vary from facility to facility it is the Nurse Practice Act that guides and dictates the standards by which nurse perform their duties and are held liable. Nurse have the legal duty of adhering to the standards of care whenever they are taking care of patients, when they fail to perform to these standard they are not only liable but are legally liable for any negligent acts or unsafe practices.
The Healthcare system is not without its risks this is even more so in nursing because of the nursing shortage. Nurses sometimes find themselves in situations that may be a potential liability. These liabilities may be well known to the facility. For example a rehabilitation facility may overlook certain infractions based on patients to nurse ratios, leading to staff conformity. As these infractions are not addressed it opens the doors to things such as failure to communicate, document, improper or inadequate assessments and most importantly a lack of patient advocacy as the staff continues to do the bare minimum to expedite the patients discharge.
Malpractice is negligence, misconduct, or breach of duty by a professional person that result in injury or damage to a patient (Reising & Allen, 2007). Malpractice claims can be brought against organizations and the individual nurse for failure to delivery standards of care. In the majority of cases, standards of care have not been meet and sound judgement was not used in the delivery of care of patients.
In the case of Lefforge v Covenant Care the setting is a rehabilitation facility. A patient has been discharge from the hospital after orthopedic surgery to the care of a rehabilitation facility. The patient presents to the rehabilitation facility with orders from a podiatrist for pain medication. The podiatrist ordered 50



References: Medication Administration Error and Failure to Monitor. (2010). Retrieved from www.nso.com/riskplan Narcotic Overdose: Brain Damaged Patient Gets Large Verdict For Nursing Negligence. (2010). Legal Eagle Eye Newsletter. Retrieved from www.nursinglaw.com Reising, D. L., & Allen, P. N. (2007). Protecting yourself from malpractice claims. American Nursing Today, 2(2). Retrieved from www.americannursetoday.com

You May Also Find These Documents Helpful

  • Powerful Essays

    Lewis Blackman Paper Graded

    • 4960 Words
    • 13 Pages

    Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008).…

    • 4960 Words
    • 13 Pages
    Powerful Essays
  • Good Essays

    The care for MR. Ard was below standard of care. Mrs. Ard’s testimony of what happened the night of the 20th collaborates with the nurses logs of when Mr. Ard was checked on. The nurses brought in to speak as expert witness both agree that the care was below standard of care and steps were skipped in assessing Mr. Ard’s care. The nurse was contributory negligent. “A person who is negligent when that person does not exercise reasonable care for his or her safety, thus contributing to any injury sufferer” (Pozgar, 2012, pg. 125). The nurse was aware of Mr. Ard’s issues in the doctor’s notes, she was also made aware through constant calling from the wife of Mr. Ard, and not responding in a timely manner. According to Pozgar, the nurse did not have to be directly aware of the issues that may happen, but aware that something might happen and to keep an eye on the patient in case it did (2012). The Judgment by the court was granted towards Mrs. Ard in wrongful death, and I agree.…

    • 1345 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    In the Darling v. Charleston Community Memorial Hospital, Dr. Alexander’s way of treating the patient is a great example of medical malpractice. Although the failure to follow the adequate standard of care might have been unintentional, it resulted in a very significant and permanent damage to the patient. When a patient chooses to go to a hospital to seek medical attention, he or she expects the facility to treat him with excessive care. In this case, the jury found negligence by both Dr. Alexander as well as in the nursing staff in regards to the follow ups as the medical record supported the evidence. I strongly believe that both the physician as well as the hospital (unless the physician was an independent contractor) are both responsible…

    • 143 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Ethics Case Study

    • 863 Words
    • 4 Pages

    Mackay, T. (2006-2009). Worried About a Malpractice Lawsuit? The Board of Nurses Should Worry You More. Retrieved Friday March 1, 2011from http://www.healthlicensedefense.com/WorriedAboutaMalpractice…

    • 863 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    law case

    • 427 Words
    • 2 Pages

    The incident of February 15th, Mr. Kevin Hyer; the registered nurse of Nittany Regional Medical Center, leaving his patient in gurney and refused to move his assigned patient as a result of “self-protection”, is carefully reviewed by assigned third party arbitrator. It is understood that any claim of medical malpractice, including any claims from Nittany Regional Medical center, arbitration party has carefully reviewed of legal laws and previous similar cases prior to binding this arbitration clause.…

    • 427 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Pozgar defined Nurse Practitioners as, “…a registered nurse who has completed the necessary education to engage in primary health care decision making. The NP is trained in the delivery of primary health care and the assessment of psychosocial and physical health problems, such as performing routine examinations and ordering routine diagnostic tests. The NP provides primary health care services in accordance with state nurse practice laws.” Croke found that between 1998 and 2001 there was an increase of, “… the number of malpractice payments made by nurses increased from 253 to 413 (see Figure 1, page 55). The trend shows no signs of stopping, 1-3 despite efforts by nursing educators to inform nurses and student nurses of their legal and professional responsibilities and limitations. A charge of negligence against a nurse can arise from almost any action or failure to act that results in patient injury—most often, an unintentional failure to adhere to a standard of clinical practice—and may lead to a malpractice lawsuit.” Croke also stated that one of the issues was, “Early discharge. Patients are being…

    • 1453 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    * Health care is a vast ever-changing demand in the United States. Because of that high demand, quality has been a concern for many patients. Each day patients put their health and trust in the hands of health care providers. Unfortunately, there have been times when the treatment provided, whether accidental or intentional, has caused harm to the patient. Patients who have experienced injury have the right to file a civil complaint against that provider that caused the injury. Some possible reasons for civil complaints are that personal information for a patient was shared without proper consent, negligence, or assault. These injuries are covered under Tort Law. This essay will identify a civil complaint process that patients may follow in the event of misconduct or incompetence by a provider. The role of the regulatory agencies to investigate the allegations of the misconduct will be discussed along with how they apply disciplinary actions if warranted. Potential criminal liabilities, risk management strategies, quality assurance programs to reduce the risk of liability and the process to follow in the event that charges are filed against a provider will all be identified.…

    • 896 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    It is the legal and moral obligation of healthcare institutions to provide safe staffing levels so that nurses do not find themselves in unsafe conditions. The nurse code of ethics clearly identifies nurses as being morally bound to refuse unsafe assignments and working conditions. However, couple this with nurses who feel obligated to care for patients in their community and nurses who are fearful of making waves because of repercussions and you have set the stage for moral compromise.…

    • 354 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    Advance Nursing Ethics Wgu

    • 2682 Words
    • 11 Pages

    Osborn, K., Watson, A. & Wraa, C. (2009). Ethical and Legal Guidelines for Nursing Practice.…

    • 2682 Words
    • 11 Pages
    Best Essays
  • Good Essays

    Medical Law and Ethics

    • 664 Words
    • 3 Pages

    This assignment is being submitted on August 19, 2012, for Carol Taylor’s M230 Medical Law and Ethics course.…

    • 664 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    The standards of practice for the RN are made up by the state board of nursing that the nurse lives in. It is each nurse’s responsibility to know and abide by their standards of practice for their state. Each state develops their standards of practice by following guidelines that the American Nurses Association (ANA) provides. The ANA has a committee on Nursing Practice Standards and Guidelines that has a duty to clarify the role and relationships that are associated with regulation of all nursing practice (ANA, n.d.). “The model recognizes the contributions of professional and specialty nursing organizations, educational institutions, credentialing and accrediting organizations, and regulatory agencies; clarifies the role of workplace policies and procedures; and confirms the individual nurse’s ultimate responsibility and accountability for defining nursing practice” (ANA, n.d.).…

    • 340 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Human error in nursing is usually unavoidable, unpredictable and unintentional. Further, some risks include language barriers, neglecting to follow the policy, in a hurry to complete the task. As a supervisor, I encountered a nurse who gave a patient the wrong medications. The error occurred when the patient answered to the wrong name, and the nurse failed to check the patient’s identification bracelet. Other errors can include carelessness on the behalf of the staff as well as not taking the time to listen to the patient (Raso & Gulinello, 2010). Therefore, the aims of the risk management are to reduce as well as prevent any risk to patients and the health facility. Risk factors may result in financial loss, preventable…

    • 276 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Nursing Roles and Values

    • 2907 Words
    • 12 Pages

    “(9) The licensee has been guilty of immoral or unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to an ethical or quality standard of the profession. The ethical and quality standard of the profession are those embraced by the professional community in this Commonwealth. In proceedings based on this clause, actual injury to a patient or individual or group need not be established” (2007).…

    • 2907 Words
    • 12 Pages
    Better Essays
  • Good Essays

    As patient’s advocates, nurses need to provide care that is qualitative, safe and at the same time beneficial to the patients. My patient was a cancer patient that was going through much pain and at the same time, the doctors were worried about the adverse effect of too much pain medication being administered to this patient which is liver damage and dependency on narcotics. On the other hand, the patient’s cancer has advanced to stage II and her chances of survival were very minimal. In this case, palliative care would have been better for the patient but the patient and her family members were still in denial of the outcome of the patient’s condition and refused to accept hospice care. If I did not act the way I did, the hospital would have been reported to the ombudsman and would have been under…

    • 983 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Medical Malpractice can be called as a professional negligence by omission or by act. It happens everywhere in the world. Each year are brought against doctors between 15,000 and 19,000 malpractice suits. Some medical mistakes can't be avoided due the fact that patients do not have control of,but others can be avoided with the proper care. Let's have a look at things we can do in order to prevent medical malpractice.…

    • 469 Words
    • 2 Pages
    Satisfactory Essays