Biomedical subjects
Publications and source records attributed to J Fiesta.
Because so many factors influence a patient's health, it's difficult to know with certainty that a nurse's error actually caused the negative outcome. In nursing malpractice cases, causation can be a successful defense strategy.
An increase in the number of equipment-related liability cases underscores providers' and manufacturers' joint responsibility to ensure patient safety.
Sexual harassment cases illustrate the problems facing employees, including nurses' abusive experiences with both physicians and patients. Learn how to give employees the support they need and lower your liability.
Although the responsibility to obtain informed consent typically rests with physicians, nurse managers need to understand their role as caregivers and members of the health care team.
In Part 1, the author explained that although the responsibility to obtain informed consent typically rests with physicians, nurse managers need to understand their role as caregivers and members of the health care team. This month, read about informed consent issues such as the verbal contract, emergency procedures, and the patient's competence to consent.
In Part 1, read about the implications involved when caregivers end life with pain medication and when "angels of death" work among them.
In Part 1, the author illustrated cases where caregivers ended patient's lives with pain medication and where "angels of death" ended the lives of multiple patients. This month, read about what constitutes reckless endangerment and neglect.
The push is on for a more uniform system of background checks for health care employees. Studies and crimes against patients have prompted regulation by the Health Care Financing Administration (HCFA), state governments, hospitals, and Congress.
Sometimes it's okay to fire an employee after she files a complaint. Learn how to recognize unacceptable measures to avoid or defend lawsuits.
Four cases in which health care workers sexually assaulted patients show the "gray area" of hiring or supervisory negligence.
The Emergency Medical Treatment and Active Labor Act (EMTALA) outlines how hospitals must screen, treat, and transfer emergency department patients--regardless of their ability to pay.
Reengineering of roles, inexperienced personnel and poor communications among departments has led to an increase in patient falls--a major source of liability. While health care facilities are not liable for all falls, they are expected to take precautions based on patients' deficits.
The author reviews several cases involving medication errors and advises that one way to make a malpractice case worse is to be accused of delay in informing the patient or family of the circumstances. If fraud or intentional concealment is established, punitive damages may be awarded--which are not covered by malpractice insurance policies since this is an intentional act.
When a medication error is coupled with a communication problem, a patient may experience significant injury. Cases involving communication breakdown, i.e, failure to communicate or listen, are discussed.
As more nurses move from the acute care setting to long-term-care and home health care, different practice issues arise. To maximize liability protection, nurses must understand the legal issues unique to each delivery system.
Psychiatric health care providers' liability extends from clinical cases--medication errors, misdiagnosis, etc.--to particular issues unique to the mental health care setting. Part 2 continues discussion begun in the July issue of lawsuits common to this setting.
With recent cutbacks in staffing, clarifying orders, establish priorities, understanding accepted standards and providing experienced personnel is even more critical. "Restructuring Liability: Part 1" discusses cases that focus on basic nursing skills--assessment, monitoring and communication.
It is generally held that nursing activities that require specialized knowledge, judgment, and skills cannot be delegated to unlicensed assistive personnel. Focusing on the bottom line should be balanced with evaluation of quality.