Negligence And Malpractice

Negligence And Malpractice

Negligence or malpractice as it pertains to nursing is the failure to follow the standards of care that a reasonably sensible nurse would under similar circumstances (Westrick, 2014). This paper will discuss the concepts of negligence and malpractice. These areas of knowledge and skills are essential components for nursing practice, helping nurses to protect themselves from issues occurring, possibly resulting in legal action.

Negligence

Negligence in nursing care could encompass carelessness, being neglectful without concern, and providing care that could be considered unreasonable conduct for the circumstances specific to the patient (Westrick, 2014). An excellent first example of nursing negligence is administering patient medications incorrectly. This could involve administering the wrong dose, route, time, medicine, or even the wrong patient. Hectic schedules commonly cause deviations from the standards of care when administering patient medications, which makes it one of the most frequent occurrences of nursing negligence. Avoiding and preventing these careless errors from occurring could be reduced by nurses prioritizing time to follow the standards of care better during the administration of patient medications (Reising, 2007). Identifying each patient by at least two identifiers, safety checks adhering to the Five Patient Rights of Medication Administration, and remaining on a strict schedule for administering medications when due can also help to avert negligent claims. Continued education and training to increase one’s base of knowledge and skills can also be highly valued for a nurse to possess and help prevent reckless behaviors (Westrick, 2014).

Patient abandonment is another instance of negligent behavior, which is when a nurse discontinues care for a patient without confirming a relief caregiver has taken over. A nurse is not permitted to refuse patient care for religious or moral reasons if no one else is available to care for the patient, which could very well constitute negligence of the nurse (Westrick, 2014). Keeping a patient informed as to changes regarding who will be providing them care must always be communicated with full notice to prevent miscommunication. Nurses should always follow up or check in with patients accordingly to avoid the patient reporting being neglected or abandoned by the nurse. It is also vital to confirm a patient transfer of care to another nurse before withdrawing yourself from the case and following proper protocol for informing all healthcare team members, patients, and family members in advance.

Malpractice

Malpractice is defined as “a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which result in injury, loss, or damage” (Merriam-Webster, 2019). An example of nursing malpractice is a patient is that of a person hurt from falling as a consequence of the negligence of the nurse by leaving a patient identified as a potential fall risk without proper supervision or failing to implement fall protocols (Reising, 2007). It is crucial to know which medications your patient is taking or conditions they have that may increase their risk of falling. Being able to interpret lab results and vital signs, which could make a patient more likely to fall, is also essential to implement proper safety procedures for the patient. The awareness of the healthcare team in recognizing how different times of the day affect patients with certain conditions and augmenting staffing ratios accordingly can also assist in reducing malpractice claims relating to fall injuries.

Insufficient communication can be another example of malpractice when a nurse fails to inform the physician or other members of the interdisciplinary team of changes in the patient’s condition, inadequate documentation, or circumstances that can affect patient outcomes (Westrick, 2014). Nurses must be detailed and thorough when collaborating and documenting relevant patient information, assessment conclusions, application of care provided, medication administration, education provided, and discharge information. Failure to rescue is a result of inadequate communication, causing or contributing to the interdisciplinary team not taking action in response to a patient’s condition changing, resulting in a code situation or death to the patient (Reising, 2007).

Nurses need always to follow standards of care to avoid or reduce legal charges against them. Westrick (2014) highlights the importance of understanding the facility procedures and policies along with providing adequate and detailed documentation in a patient’s medical record to become the “best defense” for a nurse against claims of negligence. Staying up to date with the Nurse Practice Act of the state and continuing to further one’s awareness of the protocols and standards of care are more likely to avoid professional negligence and nursing malpractice (Westrick, 2014).

References

Reising, D. (2007, February). Protecting yourself from malpractice claims. Retrieved from https://www.americannursetoday.com/protecting-yourself-from-malpractice-claims/

Westrick, S. J. (2014). Essentials of nursing law and ethics (2nd ed.). Burlington, MA: Jones & Bartlett Publishers.