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Essays on medical negligence
Malpractice and liability issues
Essays on medical negligence
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The breach by a member of a profession of either a standard of care or a standard of conduct. The typical malpractice deals with the tort of negligence by the professional. Negligence is conduct that falls below the legally established standard for the protection of others against unreasonable risk of harm. Under negligence law a person must violate a reasonable standard of care (Danzon, 2010).
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error (Michelle, 2014).
Nursing malpractice occurs when a nurse fails to competently
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When a nurse’s professional negligence rises the nurse may face criminal charges of negligent behaviour (Brous, 2012).
Larson and Elliott (2010) discuss the emotional impact of malpractice and adaptive coping skills for nurses named as defendants, which is an often overlooked aspect of the malpractice process. The stress related to malpractice has been compared to the stages of grieving, but also includes isolation, shame, and fear. Even if the nurse is dismissed from the lawsuit at some point or found not liable, the process is lengthy, emotionally and physically draining, and can have lasting outcomes. Often, nurses’ self-esteem and self-confidence are eroded as others have questioned the integrity of their practice
Description of the incidence: On my clinical rotation to Punjab Institute of Mental Health I visited the male ward where I saw that one patient is bagging one hundred rupees from a nurse again and again, the nurse become irritated and transferred the patient to the cell as a punishment. Moreover, I also visited the cell where patients were treated very curly, no doctor and nurse attended the secluded patient according to the standard
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Nurses must balance the responsibility for safeguarding patient rights with the duty to protect patients from harming themselves or others in situations that have escalated to the point of danger (Barton, Johnson, & Price, 2011).
Patients must be secluded due to their symptoms not because of nurses’ emotional state. In this scenario because nurse is irritated so she transferred the patient in cell.
Attitudes, emotions, demographics and experience of the nursing population have been found to influence the use of seclusion and restraint. Nurses who score high in therapeutic optimism and lower in emotional exhaustion are less likely to use seclusion. More experienced nurses are less likely to justify the use of seclusion in care (Happell, & Koehn, 2011).
The expression of anger and aggression among team members is a predictor of increased use of seclusion and restraint (De Benedictis, 2011).
Aggressive behaviour that is potentially harmful to patients themselves or others is the most widely accepted reason for using restrictions (e.g. involuntary admission, forced medication, seclusion and restraint) (Kontio et.al, 2010).
So seclusions should not be used as punishment it comes under malpractice as the only criteria for to be secluded is aggression that is harmful for the patient and
Day by day medical technology is improving, unfortunately so are cases of nursing malpractice. By understanding the laws that governs nursing practice, it will help the nurse protect client’s rights and reduce the risk of nursing liability (Sommer, 2013, p. 23). It’s usually necessary to prove that the nurse was negligent to prove nursing malpractice. The Joint Commission defines negligence as a “failure to use such care as a reasonably prudent and careful person would under similar circumstances” and malpractice as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position. Sommer defines professional negligence as the failure of a person who has a professional training to act in a reasonable and prudent manner (p. 24).
Client safety is a primary role of the nurse, but the use of physical restrains with clients is an ethical issue when other important ethical principles such as autonomy and non- maleficence, as well as nurse's code of ethics, are considered (Schenker, Fernandez, Sudore, & Schillinger, 2010). In this scenario, Sam is agitated and physically aggressive with Camilla, a nurse. So, the medical team reviewed him and suggested to restrain and Julia, team leader of nurse advice Camilla to restrain and focus on care of other patient and states that patient like Sam is waste of time and they don't have enough staff to worried about him. In this general scenario, it shows that health care staff lacks understanding of the genuine requirements of restorative administrations sharpens which is imperative to shield patients from abnormal limitation. Furthermore, restriction ought to be considered if all else fails and specialists ought to consider elective mediation to advance security and regard the respect of the individual.(Kerridge, Low, & McPhee, 2009). However here in this scenario, medical team and nurse including team leader left Sam on physical restraint without supervision avoiding harm. Therefore, it clearly depicts the ethical issues
more drastic measures are taken to control the patients. One of these methods even leads to a
This literature review is focusing on discussing the effects of seclusion and restraints on treatment consequences of patients in mental health area. Seclusion and Restraint are used for controlling the behavioral patterns of the mentally ill patients in different surroundings consisting of psychiatric management facilities and hospitals (Kentley, 2009). Over past decade, comprehensible consensus has come out that seclusion and restraints are secure interventions of last alternative and application of those interventions should and can be diminished significantly (Knight, 2011). However, recent studies indicated that it is traumatic for patients experiencing or witnessing restraint and seclusion traumatic; patients can feel high levels of anxiety, fear, and anger once aware that restraint is going to take place, sometimes it could resulting in an exacerbation of patient’s mental status (Stewart et al, 2010). Due to the humanitarian, ethical, and legal issues which could lead to, seclusion and restraints are known as the most controversial management strategies (Holmes, Kennedy & Perron, 2004). Previous studies and researches could not analyze this topic adequately; thus, further researches and studies related to the effects and risk managements of using seclusions and restrains will be discussed in below.
That is the rising number of negligent acts committed by medical professionals. Failure to follow standard of practice is the leading root cause of the troubles involving malpractice. Failure to assess and monitor the patient, failure to communicate, medication errors, negligent delegation or supervision and failure to obtain informed consent from patients are the top failures leading to malpractice. The American Nurses Association provides scopes and standards that if followed could prevent many of the negligent acts. Duty, Breach of Duty, Foreseeability, Causation, Injury, Damages must be proven for a nurse to be held
According to American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the heath, safety and right of the patient” (p. 6). Nursing responsibilities should be acted at the highest standard and must be based on legal and ethical obligations.
The healthcare system can be difficult for clients to navigate and they are often unsure how to access information which puts them at the mercy of others and can lead to feelings of helplessness (Erlen, 2006). Nurses can provide resources to educate patients when they becomes dependent on a health care provider and no longer feel in control of their own body which can lead to fear, hopelessness, helplessness and loss of control (Cousley et al., 2014). The change in roles individuals face can further increase their stress and feelings of powerlessness (Scanlon & Lee, 2006). According to the CNA code of ethics, nurses are responsible for protecting patients from objective risks that place them in an increased level of vulnerability (Carel, 2009). They can do this by providing the resources necessary for patients to educate themselves and be better able to cope with the health challenges they
Malpractice is improper, illegal, or negligent professional activity or treatment, by a medical practitioner. Not a lot of people know what malpractice is or how it happens until it's too late and it's already happened to them. The number of medical malpractice suits filed each year in the United States tends to vary but the overall trend is that they are rising.
These can include mind altering medication to control a patient and physical restraints. Physical restraints are anything near or on the body which restricts movement of a patient. A physical restraint can be anything from lap buddies to vests. In his article, “Restraints: The Last Resort,” the author’s argues that physical restraints in emergency medicine should be the last resort because (1) the use of restraints or seclusion is being used as a means of coercion, discipline, convenience, or staff retaliation, (2) That we need to discontinue the use of restraints or seclusion as soon as possible, regardless of the duration of an order, and (3) explain the reason for restraints and the procedure, including periodic release from restraints to the patient and any family members present. In this research paper, I will argue against the use of physical restraints unless someone is educated, trained, and only in certain situations, whether it may be a mind altering medication or physical restraints in emergency
According to Ruth Craven, Constance Hirnle, and Sharon Jensen in Fundamentals of Nursing Human Health and Function a restraint is used to stop a patient from being able to move freely, whether it be physically or assisted with medication. Types of restraints include physical, chemical, nonviolent/self-destructive, violent/self-destructive, and seclusion. Ultimately restraints are used in situations to help keep both the patient and the staff caring for that patient safe. The purpose of this paper is to recognize and explore ways to improve the use of bed restraints and further educate nurses on proper use to enhance patient safety. This is relevant in today’s healthcare setting, because there is still a need to keep patients safe and provide them with quality care, which may include the use of restraints.
nurse’s reason of the emergency department being hectic at that particular time and the inaccessibility of the
This could include keeping patient confidentiality, being trustworthy, keeping promises, and simply “doing what is right.” Every action a nurse performs should be done with fidelity. A confused patient may not trust a nurse after restraints were applied, so fidelity, in this case, may be strained.
When a patient is suffering with a cognitive defect that will not change then the need to adapt the environment is a crucial part of patient safety and comfort verses the use of physical restraints. However, if the patient has suffered a physical injury that requires restrictive movement then the use of physical restraints may be appropriate for a certain length of time to allow the patient to recover and return to health (Mohler & Meyer,
Medscape. (2007). Alternatives to Restraint and Seclusion in Mental Health Setting: Questions and Answers from Psychiatric Nurse Expect. Available: http://www.medscape.com/viewarticle/555686#vp_3. Last accessed 15th Nov 2015.
Their argument is that a physical restraint can prevent a violent patient from harming themselves and others. They can also be used to keep a patient in proper position during procedures. Lastly, a restraint can prevent a patient from wondering off and falling which can also result in injury. “Restraints may be used to keep a person in proper position and prevent movement or falling down during surgery or while on a stretcher. Restraints can also be used to control or prevent harmful behavior…" (Use of restraints, 2016). In contrast, many alternative methods can be used to keep a patient safe without physically restraining them. “ The environment should be modified by minimizing stimulation (e.g., lights, noise, visitors), maximizing consistency, providing safe motion activity, and verbalization, providing clear expectations of interactions and treatments…” (Restraints and Alternatives,