List the elements of malpractice and give examples of each element in professional nursing practice, including ways to avoid or lessen the potential of future malpractice cases Prepare examples of various coding and billing issues you have experienced in clinic settings especially in Peds and women’s health Purchase the answer to view it Purchase the answer to view it
Elements of Malpractice in Professional Nursing Practice
Malpractice refers to a professional’s deviation from the standard of care expected in their field, resulting in harm or injury to a patient. In the context of nursing practice, malpractice occurs when a nurse fails to provide care that meets the established standard, resulting in harm to a patient. There are several elements that need to be present in order to establish a case of malpractice. These elements include duty, breach of duty, causation, and harm. In this essay, I will discuss these elements in the context of professional nursing practice and provide examples of each element. I will also discuss strategies to avoid or lessen the potential for future malpractice cases.
The first element of malpractice is duty, which refers to the legal obligation of a nurse to provide care to their patients. This duty arises from the nurse-patient relationship and exists as long as the nurse is responsible for the patient’s care. For example, when a nurse is assigned to care for a patient during a shift, they have a duty to provide care and make decisions in the best interest of the patient.
The second element is breach of duty, which occurs when a nurse fails to meet the standard of care expected in their field. The standard of care is established by the nursing profession and is based on the knowledge, skills, and experience of a reasonably competent nurse. Examples of breach of duty in nursing practice include medication errors, failure to properly assess a patient’s condition, and inadequate communication with healthcare team members. For instance, if a nurse administers the wrong medication to a patient due to negligence, it would be considered a breach of duty.
The third element is causation, which establishes a causal connection between the nurse’s breach of duty and the harm suffered by the patient. In order to establish causation, it must be proven that the breach of duty directly caused or significantly contributed to the patient’s harm. For example, if a nurse fails to properly monitor a patient’s vital signs and as a result, the patient experiences a cardiac arrest, there is a clear causal connection between the nurse’s failure to monitor and the patient’s harm.
The final element of malpractice is harm, which refers to the actual injury or damage suffered by the patient as a result of the nurse’s breach of duty. Harm can be physical, emotional, or financial in nature. Examples of harm in nursing practice include medication overdoses, development of pressure ulcers due to lack of mobility assistance, and emotional distress caused by a nurse’s insensitive communication. For instance, if a patient experiences significant pain and suffering due to a nurse’s failure to adequately manage their pain, it would be considered harm.
To avoid or lessen the potential for malpractice cases, nurses can implement several strategies. First, it is essential for nurses to practice within their scope of practice and only perform tasks and procedures for which they have been trained and authorized to do. This includes seeking assistance or consultation from more experienced healthcare providers when faced with unfamiliar or complex situations. Second, nurses should prioritize effective communication and collaboration with the healthcare team to ensure coordinated and safe care for patients. This includes active participation in interdisciplinary rounds, handoffs, and timely reporting of patient condition changes.
Furthermore, nurses should practice thorough and accurate documentation, as it serves as a legal record of the care provided. This includes documenting assessments, interventions, and patient responses, as well as any deviations from the expected standard of care. Nurses should also prioritize ongoing professional development to stay up-to-date with advancements in medical knowledge and best practices. Fostering a culture of safety within healthcare organizations is crucial to preventing malpractice. This includes promoting a non-punitive reporting system for errors and near misses, conducting regular safety audits, and implementing evidence-based policies and protocols to minimize the risk of harm to patients.
In conclusion, malpractice in professional nursing practice occurs when a nurse fails to meet the established standard of care, resulting in harm to a patient. The key elements of malpractice include duty, breach of duty, causation, and harm. Nurses can avoid or lessen the potential for malpractice cases by practicing within their scope of practice, prioritizing effective communication and collaboration, practicing thorough and accurate documentation, engaging in ongoing professional development, and fostering a culture of safety within healthcare organizations. By adhering to these strategies, nurses can provide safe and high-quality care, minimizing the risk of malpractice.