Medical professionals are often confronted with issues surrounding malpractice and negligence. Sanbar (2007) defines malpractice as negligence committed by a professional and which results in imposing physical, emotional, mental harm and/or financial losses as a result of his/her actions. This paper will assess three cases affecting nurses in relation to malpractice and negligence.
In a Rhode Island hospital, a baby boy born healthy had a few difficulties during breastfeeding. For this reason, the hospital’s pediatrician ordered for the supplementation of the baby’s feed with formula milk. Unfortunately, this order was not followed and as such the baby became hypoglycemic. The nurses were charged guilty of negligence and malpractice as they failed to comply with standards of care that would have identified the difficulties experienced by the child and the increased chances of development of the ailment as a result of the baby’s low birth weight.
Guidelines
In light of the above situation, suitable guidelines that avoid the occurrence of such events are required to be implemented. In this case, the following guidelines can apply with respect to the case above
Documentation
Nurses need to document any information, communication, and activities carried out with respect to the patient. This practice provides for evidence that can be presented if a malpractice suit was ever called against the nurse.
Chain of command
A clear and proper chain of command is required to allow for proper progression in terms of communication and delegation of activities (Cooper, 2016). This creates the aspect of accountability and the identification of persons responsible for the occurrence of events as that provided above.
Communication
Nurses are required to maintain respectful and open communication if mistakes happen as in the case above. This approach reduces chances of patients and their families from taking legal action if they believe they acted professionally.
In a Denver hospital, baby Miguel was born by a mother with a prior history of syphilis. Baby Miguel developed various complications and required administration of penicillin benzathine to resolve the complication. Unfortunately, the nurses administering to him were unaware of the types of penicillin and the required dosage meant for an infant as well as the IV technique. As such, they administered a dosage meant for an adult and since the baby’s system was not fully developed, led to his early death.
Guidelines
Proper directives are essential as they provide reference points that can be considered in instances when new procedures are required and limited knowledge with regards to an ailment is involved (Sharpe, 2009). For this reason, the following guidelines apply:
Equipment Training
Nurses are required to attend in-service programs that are dedicated to equipment training. In this case, nurses can be able to work with the equipment when need be.
Malpractice Insurance
In instances where the risk of falling prey to malpractice as in the healthcare industry, nurses should take up insurance focused on malpractice cases as lawsuits involving such instances are often hefty and can even lead the affected individual to jail.
Skill Practice
Nurses are advised to only take up roles which are within their practice scope. This situation reduces chances of applying new techniques that increase chances of committing adverse mistakes such as one described above.
In another instance, a nurse was found guilty of gross negligence leading to a malpractice suit when she removed a urinary catheter negligently from a male patient. In this regards, she failed to first deflate the balloon on the equipment which was responsible for anchoring the urinary catheter in the bladder. As a result, this led to a patient experiencing severe pain and in the process led to the incurring of damage of the patient’s internal body structures. as a result, she was sued for malpractice.
Guidelines
This case relates to the lack of equipment knowledge as explained above. in addition to the training on proper usage of equipment, the following are the applicable guidelines as a prevention measure:
Strengths and Weaknesses
Nurses are advised to evaluate their personal strengths and weaknesses in their work to gauge their ability to perform certain tasks. In this case, they are advised to refuse duties they are not prepared to manage (Cooper, 2016). In the event, an error occurs and the nurse defends him/herself under the premises of being unaware of the procedures, she/he is not protected from liability
Safe Performance
Nurses are required to refuse assignments which are beyond their capacity to safely perform. In the event on is assigned work duties in a specialized area, this aspect is harmless under the condition that one is in a position to perform their duties competently or the presence of an experienced nurse who can take account of decisions and specialized duties. However, if these two conditions are not met, nurses are advised to turn down such duties.
Policies and Procedures
Nurses are advised to read their respective institution’s policies and procedures. In the event they are sound and as a result, one follows them carefully, the institution can protect them in the event of occurrence of malpractice situations.
Recommendations
Negligence can be effectively prevented through continuous learning of nurses’ area of specialty with respect to the use of equipment and their respective institution’s policies and procedures (Sharpe, 2009). From each of the cases, one can determine the damaging extent both to the patient and the practitioner of negligence. In order to better train nurses, frequent training workshops that focus on both equipment use and relevant research in different areas should be introduced.
Conclusion
All in all, malpractice caused by gross negligence is a costly affair both to the patient and the practitioner. In the first instance, the patient is susceptible to physical, emotional, or mental harm, while the practitioner is able to legal action. As such, implementation of guidelines suggested above will effectively manage the incidence of such situations.
References
Cooper, P. J. (2016). Nursing Leadership and Liability: An Analysis of a Nursing Malpractice Case. Nurse Leader, 14(1), 47-51.
Sanbar, S. S. (2007). Legal medicine. Philadelphia: Mosby/Elsevier.
Sharpe, C. C. (2009). Nursing malpractice: Liability and risk management. Westport.: Auburn House.
