Biomedical subjects
Publications and source records attributed to J Fiesta.
Psychiatric health care providers' liability extends from clinical cases--medication errors, misdiagnosis, etc.--to particular issues unique to the mental health setting. Part 1 discusses lawsuits common to this setting.
Review of cases involving confidentiality, disabilities, and defamation.
The author illustrates complex liability issues in student teaching through related cases.
Although traditional liability principles apply in alternative settings, the application can change to accommodate the differing standards of care in long-ter-care facilities.
Medication errors are recently a more frequent basis for successful malpractice cases against nurses. Here, the author provides case examples and high-risk trends.
In the midst of managed care and hospital restructuring, delegating tasks previously performed by the nurse remains a constant issue. This month's column begins a summary of legal updates and discusses recent case examples and emerging trends.
To ensure proper actions when making managerial decisions, nurses must be aware of labor laws and the policies that apply to them. Part 1 of "Labor Law Update" discusses public policy considerations and gender, racial and pregnancy discrimination.
As a nurse moves away from the patient's bedside, the liability exposure for malpractice decreases. However, the nurse who moves into a management position faces another kind of liability-one regarding disciplinary actions such as employee terminations.
As the volume of litigation involving managed care grows, the liability issues become clearer. For example, recent decisions demonstrate that failure to provide access to qualified physicians, failure to process claims appropriately, denial of claims and undue delay of treatment can and do lead to liability. Moreover, the federal Employment Retirement Income Security Act of 1974 (ERISA) won't protect the managed care providers, and physicians may sue the managed care organization if its policies or agents open them to liability.
Arguments presented before the Supreme Court reflect the national debate: Do mentally competent, terminally ill patients have a constitutionally protected right to seek a physician's aid to end their lives? Cases involving physician-assisted suicide are discussed.
Traditional liability issues such as falls and medication errors continue to be a concern for nurses. Researchers predict that more than 770,000 hospital patients will experience an adverse drug event each year; almost half are preventable.
Four elements of negligence must be proven to establish malpractice: duty, breach of duty, damages and causation. Duty refers to an existence of a professional relationship between the patient and the health care provider and the degree of legal obligation required once the basic relationship is established. Cases involving breach of duty and evidence of causation are discussed.
Reasonable accommodations must be made to allow individuals with disabilities to function in the work environment. Three concepts that define a qualified individual with a disability--those protected under the Americans with Disabilities Act--are explained; cases are discussed.
Many hospitals are eliminating positions as part of the restructuring process. If these decisions involve race, nationality, age or gender discrimination, back pay and punitive damages may be awarded. Cases involving wrongful termination issues are discussed.
An employer's legal accountability encompasses areas such as employing an adequate number of staff, recognizing impaired employees or physicians and taking action. Four cases are discussed.
As hospitals continue to employ unlicensed personnel, some nurses are asking: Should we be concerned about our licenses and liability? While it is clear that nurses should not be held liable for restructuring changes that directly result in patient harm, it is equally clear that nurses should be held liable for their own acts of malpractice.
As legal liability issues regarding managed care continue to emerge, almost simultaneously issues related to the age of technology are appearing. In some instances, the confluence of these two new rapidly developing health care trends has led to additional new legal issues for the health care provider.