The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and procedures, expert witnesses are typically called -- usually for both sides (Uribe, 1999). In the United States, there have been several cases that have set international precedence
Healthcare (Nursing) Malpractice and Negligence: According to findings by the National Practitioner Data Bank, many nurses are increasingly being involved in malpractice and negligence lawsuits (Croke, 2003). These charges against nurses are likely to occur from any failure to act or an action that may lead to patient injury. In most cases, malpractice and negligence is associated with an accidental failure to comply with a standard of clinical practice. As a
Malpractice in Advanced Nursing Practice A CLOSER LOOK Legal/Ethical Principles When nurses pursued independent practice outside hospitals, the law supported their bid to breach traditional roles (Kjervik & Brous, 2013). This phenomenon was described as a form of "growing militancy" that refused to stay under the dominion of medicine (Baer, 1993 as qtd in Kjervik and Brous). Ethics supported the accompanying empowerment of the militant act as in expressing autonomy in practice, beneficence
Nursing Case Study Case Discussion This case scenario is a classic case of professional misconduct carried out by Nurse X. The nurse did not have enough medical or chemical knowledge and therefore she made this mistake. It is common sense for any health care professional to realize that nasogastric or endoscopic route is very different to an IV route. All nurses and health care providers must be extra careful when administering to
Nursing Definitions Autonomy Autonomy in the nursing profession states the importance of the client's role in making decisions that reflect advocacy for the client (Wade, 1999, p.310). Ultimately, this includes taking care of the patient physically as well as mentally and emotionally, developing a relationship with the patient that is beneficial to his care and actively advocating for the patient's rights and care. This type of autonomy, it is important to note,
clinical cases and examine malpractice perspectives. Background Info Concerns over mounting healthcare expenses have resulted in increased inquiry into medical practices. With the rise of malpractice risk and medical liability to unprecedented levels, the field of medical law has influenced defensive medical practice as healthcare providers endeavor towards liability risk mitigation (Nahed, et.al, 2012). Elements Needed to Prove Malpractice Medical malpractice is associated with four fundamental elements, all of which have to be
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