Question

Research the topic of professional liability for nurses, including a negligence and malpractice. Identify the most common form of litigation for nurses. Describe a situation in which an individual in this profession might be held liable for negligence and ways to proactively avoid or prevent negligence

Answer 1

Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers.Many nurses need to take their own professional liability insurance, although insured by the employer. Most of the company policies are created to meet their own needs When we speak about negligence What is negligence? In many states, the term is reserved for malpractice claims against doctors, lawyers, architects and accountants: The concept of professional negligence applies to other professionals such as nurses. As a practical matter, although, this is often a meaningless distinction because malpractice and negligence lawsuits generally contain the same elements and carry the same potential for serious legal penalties. A good and careful nurse always cares about the patient and always be away from the negligence , A professional nurse is one who puts the needs and importance of patient care above all others. The professional should exert a positive public image considering the public is where services are directed to. A professional appearance is important for making first impressions on patients and other coworkers. The first impression is always of utmost importance and plays a major role in gaining a patient's respect and trust. Once the nurse has began establishing a relationship with their patient, they must be careful to not pass or show any judgment on a patient's decisions, beliefs, values, or culture. The professional nurse should demonstrate sensitivity to diverse cultural needs and ethnic backgrounds. Having an open mind is always necessary when dealing with such a wide array of people in the public as a nurse would be. Because healthcare is a continually expanding field, a professional nurse should be willing to stay up to date with continuing education or seminars, learning new and better ways to provide the best care possible for patients. The nurse should reflect a high degree of professionalism to patients, the public, and other professionals.
             Teamwork is a major characteristic of professional nursing. Many times nurses will need assistance helping their patients, and people will be more apt to lend a helping hand if you yourself go out of your way to help others. This not only helps your coworkers but in the long run provides faster more efficient care for the patients. Teamwork may be one of the most important professional characteristics in healthcare.
             Nurses act as advocates for the rights of their patients and are frequently involved in ethical issues and ethical decision-making processes. The professional nurse should be aware of and familiar with patient rights. The nurse must evaluate their own professional and personal values, reassessing them periodically to be aware

The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) defines negligence as a "failure to use such care as a reasonably prudent and careful person would use under similar circumstances." JCAHO defines malpractice as "improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory. Malpractice is a cause of action for which damages are allowed."4 Malpractice is defined variously under state nurse practice acts, institutional policies, and federal guidelines such as JCAHO standards, all of which may be taken into consideration in court.

Several factors have contributed to the increase in the number of malpractice cases against nurses.

* Delegation. As a result of cost-containment efforts in hospitals and HMOs, nurses are delegating more of their tasks to unlicensed assistive personnel. Delegation of some of these tasks may be considered negligence according to a given facility's standards of care or a state's nurse practice act.

* Early discharge. Patients are being discharged from hospitals at earlier stages of recovery and with conditions requiring more acute and intensive nursing care. 5 Nurses may be sued for not providing care or not making referrals appropriate to the patient's condition.

* The nursing shortage and hospital downsizing have contributed to greater workloads for nurses, increasing the likelihood of error.

* Advances in technology require nurses to have knowledge of a variety of technologies' capabilities, limitations, and safety features.

* Increased autonomy and responsibility of hospital nurses in the exercise of advanced nursing skills have also brought about greater risk of error and liability.

* Better-informed consumers are more likely to be aware of malpractice issues and to recognize insufficient or inappropriate care.

* Expanded legal definitions of liability have held all professionals to higher standards of accountability. 1 For example, because of the expanded scope of practice of advanced practice nurses, courts have held them to a medical standard of care. 2

of themselves. the mostly and al times nurses are criticised by some people and some malpractises occurs.