Malpractice In Nursing

Great Essays
As a Nursing care professional, being able to provide professional care in your scope of practice means to being able to provide the highest standards of care, competently and within the standards of practice while avoiding harm to the patient. There are several ways a nurse or health care professional can cause accidental harm without intention, however knowing the differences between what can constitute as a malpractice infracture can help nurses in their daily duties.
As a health care institution, a hospital may be liable for their employees infractions and may even lead them to costly consequences. Malpractice in nursing can happen when a nurse fails to perform their basic duties competently and in causation harms the patient. There are
…show more content…
These actions may be in the nurses’ line of duty and may fall in the obligations of administering medication or calling for further assistance. Because nurses are at the front line and in contact with patients, being able to follow procedures during events is required. Another way a nurse may be held liable is if a nurse injures a patient with equipment. By avoiding hazards like equipment falling onto the patient, burns or other types of hazards like leaving a sponge in the body of a patient during the course of surgery, can also be grounds for medical malpractice. One of the key functions of patient care that happens on a daily basis can also be the administration of medication to the patient. Often this duty can subject the nurses or any other health care practitioner at risk for malpractice if harm is done to the patient by administering the wrong drug, the wrong dosage, wrong patient and even improper injection of the medication into the proper areas such as injecting meds in the wrong area, hitting muscle instead of vein, or hitting a nerve (NOLO Law for All, …show more content…
East Jefferson General Hospital 747 So.2d 104 LA (1999) a nurse was charged with negligence in an Acute Care setting because of injury to a patient when the nurse needed three attempts at successfully inserting an intravenous catheter. In this case, the female patient was admitted to the Emergency Department after complaints of abdominal pain and the orders from the doctor were to start treatment, which included a intravenous line for medication. A nurse was assigned and an Intravenous Catheter was placed, but with much difficulty because of the patient’s veins and unable to stick the patient within the first two attempts. The third attempt was a success, (hospital policy was two attempts and then call for assistance) however the patient began to complain of discomfort at the IV site and called for assistance during the remainder of her treatment and stay in the ER. Documentation was written that the patient complained of the discomfort and tolerated it poorly. Upon complaint, the nurse should have evaluated the IV site and taken note of her pain and discomfort, since they both contributed to red flags and pain combined with redness or swelling contributes to complications of an IV, the problem should have been reported and another placement of another line should have been offered at a different site. According to documents, there was no other line inserted or any documentation that proves that the patient refused a course of action.

Related Documents

  • Decent Essays

    EGT1 Task 3

    • 267 Words
    • 2 Pages

    1.The rules the nurse was trying to respect was “Act to safeguard the patient from the incompetent, abusive or illegal practice of any individual(Nursing Conduct in Pennsylvania).”That individual could even be a police officer. The nurse was only following the rules and the instructions his boss gave her. The patient was not under his arrest so he didn’t have his consent to take his blood considering he was unconscious. The other ruler she was trying to respect was “Safeguard the patient’s dignity, the right to privacy and the confidentiality of patient information(Nursing Conduct in Pennsylvania).” This act protects the patient from any harm being done to him without his say so.…

    • 267 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Running Head: Legal Risks of Nurses Shaquita Jefferson Legal Risks of Nurses MHA 622: Health Care Ethics & Law Instructor: Judy Roberts If a nurse were neglecting patients in his/her care, the nurse could be held responsible for the negligence. Negligence is defined as the failure to take an action that should have been attended to right away. Medication not administered, care not given, supervision that is not provided for all of these things may qualify as negligence. A patient should have the right to expect that a certain level of care would he or she provided for them.…

    • 862 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Introduction of Case This case is about Ms. Finnerty, a registered nurse who files a petition against the decision of the Board of Registered Nurses after license revocation for failing to follow a resident’s physician order to intubate a critical patient. The scenario and request are based on a conflict between legality and ethics of delivering treatment to a critical patient. The Court of Appeal and petition court upholding that the case had no merits and denying the petitions aside from supporting that the nurse acted negligently and incompetently, there was a full confirmation of the legal requirements on the roles of a nurse (Finnerty v. Board of Registered Nursing, 2008). The decision of the nurse to decline the doctors’ order to intubate…

    • 1117 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The main ethical dilemma in the Case of Henrietta Lacks and Debate over Ethics and Bio-Medical Research and Informed Consent is that researchers took and profited off of the cells of Henrietta Lacks without her consent and without compensating her or her family. There are certain facts that are important to understand in this case. The person who began this ethical issue was George Otto Gey when he used the cells made available to him that had been of Henrietta Lacks, creating the He-La cell line (Skloot, 2010). Sadly, at the time, informed consent did not yet exist and did not become doctrine in practice until the late 1970s which was long past Lacks’ time (Skloot, 2010). Even though informed consent was not traditionally practiced in public…

    • 970 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Chasing Zero Summary

    • 864 Words
    • 4 Pages

    First, the patient lost her life as a result of an avoidable error. Second, a competent nurse lost her license and was fired for her human error. Nothing was done by the hospital to try and learn form this mistake. Rather than investigate the factors that caused the event, such as over worked nurses and similar labels on drugs, the hospital placed blame on the nurse in order to try to avoid expensive lawsuits. Listening to Thao’s story made me fearful as a future nurse.…

    • 864 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    You are supposed to notify your supervisor of any unsafe work assignment else it is regarded as patient abandonment. D. License Renewal- It is very important to be truthful on the license renewal application else you will be asked to appear before the Board. E. Delegation of Nursing Function- It is an offense to delegate nursing care, functions, tasks or responsibilities to others at the detriment of patient safety.…

    • 703 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Nurses also have the ethical responsibility to communicate the needs of their patients with other members of the interdisciplinary team (Code of Ethics, 2015). In the incident discussed in the above paragraph, legal ramifications are always a possibility. The nurse failed to effectively communicate and take adequate steps to prevent a fall from occurring. In order to win a medical malpractice case, four conditions must be present. The conditions are duty; breach of duty; harm; and causation (Moffett & Moore, 2011).…

    • 1229 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Unsatisfactory professional conduct is defined as the professional conduct below the standard logically anticipated of a nurse with an equivalent training or experience. This entails conduct that exhibits incompetence, lacks diligence, compromises cares and disrepute the nursing profession. The definition of unsatisfactory professional conduct applies to the case study due to how nurse Heather Conyard treated her patient. This means that the nurse in the case has breached the Nursing and Midwifery Board of Australia (NMBA) standards of practice for all Registered nurses to abide by.…

    • 554 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    It also demonstration the importance of The joint Commissions position regarding Goal 1 which is to improve the accuracy of patient identification by using at least two patient identifiers when providing treatment or care to the patient. Evidently this nurse did not use patient identifiers when you was conducting med pass or else she would have realized she was attempting to medicate the wrong patient. This situation also demonstrates why Joint Commissions Goal 3 improves the effectiveness of communication among caregivers is important. Although the float nurse did not give the medication I would say that this incident was a near miss accident that should be reported. This nurse should also be mandated to attend an in-service to enhance her knowledge on the importance of using two approved patient identifiers before rendering any care to a patient.…

    • 767 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Nurse Practice Act As a registered nurse, the most important responsibility to have is to the patient. The nurse is a trusted advocate, not only providing care, but also education and support that benefits the patient’s overall well-being. There is an obligation that registered nurses must maintain a safe and competent practice for every aspect of nursing and this is how the Nurse Practice Act becomes incorporated into the care. Many possibilities can arise in nursing and situations are never the same, thus, continuously creating new standards produced by laws. These standards are constantly changing due to the growth and demand of society and accomplishes protection for clients and the guidance of nurses in their practice (Russell, 2012,…

    • 736 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    For instance, there is a possibility of infection when dealing with wound care, so the nurse should have not delegated the…

    • 841 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Nurses that administer medication are accountable for recognizing the medications prescribed, the patients need for the medication and their therapeutic and non-therapeutic effects (Crisp and Taylor, 2013). The purpose of this essay is to examine the importance of understanding the registered nurse’s role and responsibilities when administering medication. Equally, it will cover all the key concepts of legal and ethical issues relevant to medication administration. The legal and ethical issues are discussed in relation to the documents NZ Nurses Organisation Guidelines for Nurses on the Administration of Medicines (2014), Nursing Council of NZ Competencies for Registered Nurses (2016), Health Practitioners Competence Assurance Act 2003, Local…

    • 1927 Words
    • 8 Pages
    Great Essays
  • Great Essays

    The measure of standards is governed by an element of people’s point of view. (Lippincott et al, 2013) A nurse may consider a certain kind of service delivery as a perfect delivery. In contrast the patient may find the delivery rather below par and unacceptable In medical practice, a team of nurses associated with patient attendance should work together in setting standards of service delivery. One mode of eliminating individualistic standards among nurses is by creating a conceptual framework which governs the standards of service delivery. Quality service delivery statements and protocols can assist in alignment of standards.…

    • 1814 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Medical Malpractice Case

    • 705 Words
    • 3 Pages

    Medical Malpractice Why it went to court. Mary Carnahan HA 210 Medical Law and Ethics October 31, 2014 Introduction We are going to take a medical malpractice case that went to court. Research the case to see why it went to court. I chose a medical malpractice case from Phoenixville, PA.…

    • 705 Words
    • 3 Pages
    Superior Essays
  • Improved Essays

    The patient was a university student of the same institution who had a fall in the bath room. The nurse did not take any history from the friends who brought the young lady to the hospital. She just told them that all the beds were occupied and referred them to other hospitals. She never went to the car to look at the patient before sending them away.…

    • 952 Words
    • 4 Pages
    Improved Essays