Defensive practice, Malpractice and the NP
Write a 5 page paper in which you present a case involving malpractice. This case may
either be fictional or true. Identify defensive practice strategies the NP could employ to
prevent a lawsuit relative to the case you present.
Next, research malpractice insurance and clarify whether the NP would be covered and to
what extent in the case you presented
There are many examples of medical negligence in Nursing Practice that is embodying
the health departments a lot of money inform of malpractice claims. The malpractice in the
medical arena is a crisis that is currently rapidly spreading across the Nursing Practice profession
and bears a lot of relevance to the losses the Nursing Practice has incurred; as a result. One major
aspect of the malpractice crisis is that explicitly includes the litigation against Nursing Practice
centers as a target from the medical seekers (Graham et al. 2006). When a patient suffers damage
harm in the care of medical professionals, either as a result of error, negligence, or a related
malpractice, the hospital where that person received care may be held responsible for the losses
that are suffered or pain that the patient endures in the medical practice center as a lawsuit for
negligence. Hospitals are tasked with serving their patient needs and maintain their safety; but,
sometimes, there is a compromise in patient safety due to the failure of the hospital to take the
necessary processes in the prevention of negligence and medical error (Graham et al 2006). The
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instance in am considering in this paper is a nursing mistake as a result of negligence whereby
the nurse fails to communicate the complaints, symptoms or concerns of the patient to the doctor
or other professionals in the medical fraternity.
In the case scenario described above, it is a malpractice instance where the hospital
negligence issue impacts both the nurse and the hospital, although mostly the nurse can be held
liable. This is a scenario where the nurse was fully responsible to handle the situation since the
nurse is the one who had the most frequent patient contact. The nurse was actually tasked to
come in and conduct check-ins routinely, administer medications, feed the patient as well as
administer small medications, or take some tasks like conducting x-rays, and much more services
for the patients as required by the Nursing practice. In the case mentioned, the nurse failed to act
in the way he was required and therefore he committed a medical error by failing to act in the
manner that would have prevented harm to the patient, actually, in this scenario both him and the
patient are liable and can face a law suit by the patient (Clark & Hankins 2013).
See, Nursing Practice physicians must comprehend and effectively communicate to their
patients who are experiencing certain symptoms, conditions or have complaints to the doctor,
since this is very crucial in managing their sickness since these nurses are usually involved in the
first team that diagnoses the patients and then proceeds with the process of treatment, and are
tasked with monitoring symptoms more especially. Therefore, having established that the actions
of the nurse constituted medical malpractice associated with the Nursing Practice, it is crucial to
identify the various defensive strategies the Nursing Practice could employ to prevent any
possible lawsuit relative to the negligence case covered (Clark & Hankins 2013).
There are several instances when the Nursing Practitioners have been found guilty of
nursing malpractice when such cases hit the courts and hence the hospital in this case scenario
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has to employ certain strategies that would avoid litigation as a result of unprofessional conduct
of failing to communicate the symptoms, complaints and concerns of the patient the medical
practitioner. After establishing that the nurse was in fact liable for the malpractice committed, the
hospital can first avoid the costly and lengthy battles in court through settling the case because
obviously the nurse, and the hospital, are clearly on the wrong here. Otherwise, the hospital or
the nursing practitioner would have to consult their insurance company for malpractice to
represent them in case the patient chooses to settle the case in court. All in all, the best approach
that is suggested is to try as much as possible to settle the issue out of the court of law, and they
should only be positive about the court route if they envision that they will have a substantial
case before the court of law (Budetti 2005). If the client proceeds with the case, a presents it
before the court of law it may impact the nursing practice in more than one fold. First, the
reputation of the nursing practice will have been destroyed in the event the hospital losses, and
actually by the look of the facts that are present, the hospital will most probably be on the losing
end. The hospital might even suggest offering free medical treatment to the patient until the
patient recovers fully from their condition, besides assigning a new nurse to handle the
complaints, concerns, and symptoms to the doctor or healthcare professional (Budetti 2005).
The major function of the Nursing Practice Malpractice liability cover is to defend the
nursing practitioner from being litigated as a result of legal lawsuits that come by as a result of
acts of neglect, either perceived or real, in the roles they play as healthcare providers (Edmunds
& Scudder 2009). Most of the Nurses and healthcare practitioners depend mainly on their
employers, that are the hospitals, to cover them in times of legal trouble, and this often exposes
them in ways in which the various personal malpractice policies would cover them. It is
important that nursing practitioners only entrust their professional integrity to themselves, not to
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anyone else. Therefore all the cases that are liable for litigation are covered under the insurance
liability of the Nursing Practice (Edmunds & Scudder 2009).
The case analyzed in the case scenario falls under the category of the cases that can be
handled under the malpractice insurance that is defined under the Nursing Practice. This is
because it satisfies the criteria of the issues of neglect that are outlined in the insurance act
(Frazee & Grozel 2009). This is was a case of neglect whereby the nurse did not communicate
the symptoms, complains and concerns to the doctor or a medical practitioner. It doesn’t matter
whether the nursing practitioner did this intentionally, or they were implicated to have done it,
what matters is that it was a case of neglect that was practiced by the nurse. The nurse and the
hospital will, therefore, be covered in the insurance for malpractice in the Nursing Practice
(Frazee & Grozel 2009).
It is clear that all the four elements that are mentioned to prove that the case qualifies to
be classified as a case on nursing negligence. The first element is that the case must have
involved the issuing the wrong type of dose or the wrong dose to the patient (Kleinpell, 2009).
This element has to prove that the physician in the healthcare profession or providers had a duty
to provide health care to a specified patient or patients. The second element that is clear from the
case scenario is that the nurse or healthcare professional or the healthcare facilities failed to
provide the standard of the designated medical care to the patient. The third element that is still
applicable to this case to be successively classified as insurable under the insurance for
malpractice in the Nursing Practice is that the failure of the nurse to communicate the complains,
symptoms and concerns of the patient might have resulted to harm to the patient the nurse was
attending to. The fourth and last element that the case described above satisfies so that it falls
under the nursing practice insurance is that the patient can possible prove that there were
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damages which might have impacted his health negatively such as his ability to work, and
implications on his finance. The case described above therefore is fully covered under the
insurance for nursing malpractice insurance, and hence the appropriate insurance they are
insured to shall guide them on how to proceed with the patient case in their hands (Kleinpell,
2009).
In conclusion, when a patient suffers damage harm in the care of medical professionals,
either as a result of error, negligence, or a related malpractice, the hospital where that person
received care may be held responsible for the losses that are suffered or pain that the patient
endures in the medical practice center as a lawsuit for negligence. The case analyzed is a nursing
mistake as a result of negligence whereby the nurse fails to communicate the complaints,
symptoms or concerns of the patient to the doctor or other professionals in the medical fraternity.
It can be avoided by settling it out of court, but, still it is covered under the insurance on nursing
malpractice.
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References
Budetti PP. (2005) Tort Reform and the Patient Safety Movement. JAMA.; Jun 1: 293(21):2660-
2662
Clark SL, Hankins GD. (2013).Temporal and demographic trends in cerebral palsy–fact and
fiction. Am J Obstet Gynecol. Mar;188(3):628-33.
Edmunds & Scudder (2009). Malpractice Litigation Continues to Be of Concern to Nurse
Practitioners
Frazee & Grozel (2009). -Advance for NPs and PAs – Defensive Medicine: Right or Wrong?
DEFENSIVE PRACTICE, MALPRACTICE AND THE NP 7
Graham EM, Petersen SM, Christo DK, Fox HE (2006). Intrapartum electronic fetal heart rate
monitoring and the prevention of perinatal brain injury. Obstet Gynecol. Sep; 108(3 Pt
1):656-66.
Kleinpell, R. (2009). NPs Role in Improving Quality and Safety: Focusing on Outcomes
ACNP – Nurse Practitioners and Malpractice/Liability