You can learn more about how we handle your personal data and your rights by reviewing our Privacy Policy. If nurses fail to follow their scope of practice, they are placing themselves at the risk for personal injury claims. Here are five tips to avoid malpractice claims. Clinical Documentation: Nurses must document a series of clinical events and care that they provide to their patients every shift per the employer’s protocol. When nurses deviate from safety standards, the patients can file personal injury and product liability claims against the healthcare agency and the nurse. Moreover, nurses must complete appropriate training to prevent nursing malpractice lawsuits. For instance, if a patient refuses diagnostic imaging, the nurses must inform the primary provider. The nursing assessment should include a system assessment from head to toe and should consist of proper skin inspection. Here are five tips to avoid malpractice claims. You can use the checklist as a guide to preventing malpractice claims. Taking the time to really listen to your patients is essential. Thus, compliance with the clinical documentation can prevent nursing malpractice claims. For example, nurses cannot introduce a needle in a patient’s spine to perform fluid aspiration unless they are Nurse Practitioners. For instance, most facilities require nurses to report critical laboratory results within one hour. For example, the Intensive Care Unit, Main Operating Room, Pediatrics, Cardiac Unit, Oncology, Labor & Delivery, Mental Health, Emergency Department and other clinical settings often require certifications. Maintaining Current Licenses and Certifications: It is a Joint Commission and state requirement for nurses to maintain a license in order to provide care to patients. Nurses are the patients’ best advocates because they provide more direct care hours to the patients in comparison with other clinical services. When in doubt, nurses should express their clinical opinions to eliminate preventable medical errors. Corporation: 1 In-House Counsel Please note that the information on this website is not intended to be legal advice. Nurses can avoid legal claims by following their employer’s policies. The delay in diagnostics imaging might contribute to poor patient outcomes and other damages. The documentation policy should include who to document on, what to include, how to complete nursing documentation, when to document and why nurses must comply with clinical documentation. How To Prevent Nursing Malpractice Claims? Thus, nurses are responsible to share their clinical assessment findings with the interdisciplinary team and express concerns when necessary about the treatment plan and the patients’ response. Required fields are marked *. Thus, if a nurse fails to assess a patient in the first twenty-four hours of admission, it is considered a deviation from established standards. Empowering Nurses at the Bedside and in Business. Consequently, many medical practitioners tend to be exceedingly hard on themselves. The statement that there is little to stop a patient from bringing a malpractice lawsuit regardless of the ultimate merits of the allegations against the practitioner is an ominous one (Joel, 2013, p. 500). Learn how your comment data is processed. Thus, completing the nursing assessment on time can prevent nursing malpractice lawsuits. It is essential for nurses to obtain the nursing scope of practice in the state that they are licensed to perform. The patient’s diagnostics imaging was delayed, and a diagnosis was not established on time. Faculty Member Nurses need to understand that they should follow their scope of practice all the time. It is very prudent for nurses to prevent nursing malpractice claims when providing care to patients. Thus, maintaining current licensure can prevent nursing malpractice claims. In addition, it is a state and a federal requirement for healthcare professionals to report suspected patient abuse. In many nursing malpractice cases, the party that is held responsible for the injury is often the doctor giving the orders or the hospital overseeing the care. Indeed, the prevalence of medical malpractice in nursing has surged in recent years, and it likely has a bit to do with the fact that it isn’t discussed much as it relates to nurses. Law Firm: 50+ Lawyers Therefore, nurses should ensure two staff members operate those types of equipment. Legal Claims – Complaint: It is a misperception that nurses can not be sued. Taking the time to really listen to your patients is essential. Furthermore, the scope of practice guides the professional care and consultation that nurses can provide to patients. They see every possible mistake in the process of care. Required fields are marked *. Service tags or stickers often include the last maintenance date and future service date. Position Description – PD: A position description is similar to a job contract. Please visit nursesophieconsulting to request legal nurse consultation. For example, some facilities train nurses to remove the Central line- PICC line. Assess and monitor your patients: It is a requirement for nurses to assess every patient within the first few hours of admission. In addition, the PD also describes the skills that are required to perform the job and the settings or environments that you will work in. Nurses are responsible licensed professionals that are trained to provide care to complex patients across all care settings. | Privacy Policy It is imperative for nurses to receive training on all types of equipment that they will use at work. The best way to prevent a medical malpractice action is to be proactive. Why do employers ask for certification? Law Firm: 2-5 Lawyers “Medical malpractice means not meeting a generally-accepted standard of care in a particular situation. I have completed over 2000 hours of medical chart reviews. The standards process will enable nurses to provide safe care to patients. The clients’ outcomes noted on this site are for illustrative purposes only and are not guarantees on the outcome of your case. But, on the other end of the spectrum, good communication is a two-way street. Objection, Your Honour | Marcel Strigberger, The Friday Brief: Managing Editor’s must-read items from this week. Preventing nursing malpractice claims is simple. The Center for Medicare and Medicaid Services requires healthcare facilities to define their documentation requirement. Good Communication. Learn how to protect your license, become an influential leader & create a supportive working environment. The thinking of the past concerning the legal protection of the nurse being taken care of by the hospital of employment no longer holds true. No nurse practitioner wants to face a medical malpractice action. Furthermore, nurses must document a series of patient events, advocate for every patient. 1. Nurses risk personal injury claims in that case. The healthcare employer should also provide workspace orientation to all new employees. If the position description mentions that a nurse will perform that task, the nurse must discuss his or her license restrictions with the nursing leadership. As the sender of information, it is your job to make sure that the information you provide is properly received. Federal Government Nurses are also responsible for verifying that the equipment has been serviced by Biomedical technicians or vendors before using the equipment. Review The Position Description To Prevent Nursing Malpractice Claims, Maintain Current Staff Training And Orientation, Practice Within Your Scope To Prevent Nursing Malpractice Claims, Follow The Employer’s Guidelines To Avoid Legal Claims, Avoid Nursing Malpractice Claims By Following The Nursing Standards, Communicate Effectively To Prevent Nursing Malpractice Claims, Avoid Nursing Malpractice Claims By Following The Nursing Standards. Click here to sign in, News | SCC | Business of Law | Digests | Insider | Opinion | Analysis | Legal Innovation | Access to Justice | COVID-19, © 2020 LexisNexis Canada. May 17, 2019. Please enter your first middle and last name for identification purposes. Your email address will not be published. For example, some state approves Registered Nurses to pronounce deaths. If the injuries or damages claims are caused by nursing care or individual performance, a civil suit can be filed against that nurse. Join our growing community of Empowered Nurses today. It is imperative for nurses to communicate sudden changes in the patients’ status to the primary provider. Employees should never start working unless they complete workspace orientation. In fact, documentation can make or break a malpractice lawsuit. People want to feel they are heard. Some equipment types require more than one operator. | By I am an expert in clinical investigations, and I also develop event timelines. The communication must occur within an established time frame. Corporation: 6+ In-House Counsel Therefore, nurses are expected to follow the guidelines to promote safe patient care. For example, a medical-surgical nurse will need to be able to assess patients independently and implement the prescribed treatment plan. The training objectives for equipment management should include instructions about a flagging process. By signing up, you will receive weekly tips and strategies on how to protect your license and empower you as a nurse. It's free! The certification often validates additional training in the clinical specialty area besides basic knowledge. The treatment plan was also not appropriate for the patient due to a delay in imaging. contact@thelawyersdaily.ca | 1-800-668-6481 | Subscribe | About | User Guide | Key Features And Benefits | Terms of Use | Privacy | Cookie Settings, Enter your details below and select your area(s) of interest to receive daily newsletters. You can visit the Maryland Nurse Practice Act for additional information. It also includes the type of job you will perform and your authority level. 'Be Nice' and Document to Prevent Malpractice Suits. According to the National Practitioner Databank, damages were paid by or on behalf of 290 nurse practitioners in medical malpractice cases in the year 2012 alone.
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