The Pros And Cons Of Medical Malpractice

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

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

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