Negligence in Healthcare - Essay Example

? Negligence of Introduction Records and reports indicate that more nurses are being sued for malpractice by theday. In fact, this trend, most evident in the last decade, is expected to increase given that there have been no indications of the signs disappearing. These signs persist despite the tremendous efforts of nursing educators, trainers and campaigners to inform practicing and student nurses about their personal, legal and professional responsibilities and limitations (Phillips et al., 2004). Quite apparent in these campaigns, education, training is the distinction among malpractice, negligence, and gross negligence. This paper explores the differences among negligence, gross negligence, and malpractice. In addition, the paper discusses the importance of documentation and its connection with a negligence case in which a patient’s wrong leg was amputated. Negligence, Gross Negligence, and Malpractice In general, negligence refers to the failure by a nurse to give care to a patient in a reasonable and prudent manner in the prevailing circumstances. Thus, negligence refers to any harm caused by a nurse’s carelessness, rather than intentional harm. On the other hand, malpractice is a professional negligence, which occurs when an authorized and licensed nurse fails to give patient care according to the laid down standards (Phillips et al., 2004). That is, care below the standards set by the regulatory body. It is worth noting that the poor standard of such care subsequently causes harm to a patient. The table below summarises the differences and similarities between malpractice and negligence Malpractice Negligence Definition A professional nurse gives substandard Though prudent and reasonable, a nurse gives unreasonable care Intentional Yes Can be intentional or not Lawsuits in Civil Courts Civil Courts Proof of lawsuit Duty, Breach, Causation and Damages Duty, Breach, Causation and Damages An example of a malpractice is a nurse who intentionally harms a patient by not performing his or her duties according to the laid down procedures and standards. On the other hand, a nurse harming a patient due to carelessness amounts to negligent act. Therefore, any unintentional action or omission that causes patient injuries is negligence while failure to adhere to nursing standards of practice may result in a malpractice lawsuit (Phillips et al., 2004). According to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), malpractice refers to an inappropriate, unacceptable, and unethical conducts caused by an unreasonable lack of skill by a professional. On the other hand, gross negligence simply refers extreme cases of carelessness by a nurse. The implication by gross negligence is that a nurse has gone far below the standard of care with which a prudent and reasonable nurse may act towards a patient’s care (Phillips et al., 2004). In gross negligence, there is no trace of or slight evidence of care, even by the standards of a careless person. Thus, gross negligence has a degree difference with negligence. Several reasons have been cited as the main causes of negligence, gross negligence, and malpractice including delegation of duties, early discharge, shortage of nurses, hospital downsizing, numerous and advances in technology, better-informed patients, and expanded legal liability targeting medical professionals. With regards to task delegation, many hospitals have certain cost-cutting and cost-containment strategies, which propel them to delegate nursing duties to unlicensed assistants (Phillips et al., 2004). These assistants may not be aware of a facility's or a regulator’s standards of care or nursing practice act. Second, many facilities discharge patients quite early, prior to full recovery while they still need acute and intensive nursing care. Other cost-containment strategies used in facilities are reduction in the number of nurses, which increases workloads for nurses, thus the likelihood for errors to occur. The many technological advances in the medical industry make it mandatory that nurses are conversant with a wide range of technologies and their limitations and safety requirements (The WAMSBU, 2008). Finally, that nurses have more autonomy and responsibilities has also increased the risk for errors and liabilities for nurses. Cited as the issues causing negligence, gross negligence, and malpractice in nursing is failure by nurses to communicate adequately with patients and physicians and the use of ineffective and inadequate patient assessment tools (The WAMSBU, 2008). Other factors are unsafe or improper use of equipment, medication errors, inadequate infection control and nursing interventions. Thus,. •provide your rationale for your decision. In this case study, the amputation mishap is gross negligence since the medical officer was not careful enough to notice that he or she was imputing the wrong leg. Further, the care provider’s negligence is confirmed by his or her failure to assess and monitor, communicate, and to document the patient’s situations. Otherwise, the wrong leg would not have been amputated. Importance of Documentation and Its Correlation to Potential Negligence As in this simulation, failure to document has been adversely cited as a main reason for nursing negligence and malpractice. The main importance of communication in nursing or medical malpractice and negligence is to allow and promote the dissemination and sharing of patient information among health care providers (Fleming, 2009). Thus, it is important that nursing documentation accurately mirror nursing processes. In addition, documentation must show the evidences of any nursing diagnoses and assessments carried out. Documentation also show interventions used on patients and the implementation and evaluation of planned interventions. Finally, documents are used to show and keep patients’ responses to medication. In case of negligence and malpractice lawsuits, nurses can use updated and accurate documents to show how treatments were actually conducted, hence, how an injury or mistake may have occurred (The WAMSBU, 2008). In this sense, medical experts are likely to agree in their testimonies on the circumstances surrounding a case of negligence or malpractice. Without, proper documentation, even the mere fact that the treatment offered was no documented could imply that the concerned personnel fell short of the established standard of care (Fleming, 2009). Not to mention negligence lawsuits, nurses need to ensure that all their shift’s or day’s work is properly documented. Documentation thus helps nurses to recall whether the prescribed medication to therapy was actually implemented. Regardless of a nurse’s level of skills, accuracy, or experience, if the documents are inaccurate or incomplete, this spells trouble not only for patients but also for nurses. The situation gets more serious if lawsuits are instigated against a nurse. Thus, nurses are supposed to follow certain guidelines to achieve proper, accurate, complete, and concise documentation of their assessments and interventions. Conclusion In this case study, and any other situation for that matter, nurses should be guided by certain principles and standards. These principles include duty to patient, adhering to work ethics and professional standards, and proper documentation of treatments offered and adverse effects and events encountered. A nurse ought to strive to offer quality care to patients without unwarranted incidents. Nonetheless, there is a likelihood that adverse effects may still occur. It is thus necessary that a nurse sticks to a facility’s policies and procedures for performing and documenting events, clinical facts, patient assessments, prescribed treatments, nursing and medical interventions, and the patients’ responses. To fulfill all the legal and ethical requirements of medical documentation, a nurse should observe and practice honesty, thoroughness, patient and family autonomy, confidentiality, and dignity, objectivity, neutrality, and professionalism. These practices are rather vital given that documentation and communication form the basis of many forensic and legal cases. References Fleming, P. W. D. (2009). Ethical Concerns in the Use of Electronic Medical Records. Missouri Medicine, 106(5): 328. Phillips, R. L., Bartholomew, L. A., Dovey, S. M., Fryer, G. E., Miyoshi, T. J., and Green, L. A. (2004). Learning from Malpractice Claims about Negligent, Adverse Events in Primary Care in the United States. Quality and Safe Health Care, 13 (2): 126. The Warren Alpert Medical School of Brown University (2008). Ethics of Medical Records and Professional Communications. Child and Adolescent Psychiatric Clinical Nursing Am: 17(1): 37. Read More