Malpractice
Malpractice refers to the failure of a professional to meet the field-specific standard of conduct, skill, or diligence, which typically results in harm or damage to a client or patient. Just as a mechanic is expected to handle an engine with care and professional abilities, a counselor or psychologist faces the same expectations in his practice. In psychology and counseling, the standards of conduct, skill, and diligence are defined by a combination of ethical codes, such as those established by the American Psychological Association (APA) or the American Counseling Association (ACA), state licensure laws, and the general consensus of the professional community. These standards cover a wide range of practices, including confidentiality, competence, dual relationships and boundaries, informed consent, documentation and record keeping, and treatment harm (Herlihy & Remley, 2021).
For example, a fundamental aspect of counseling is the assurance of confidentiality. A breach of this trust (except under legally mandated circumstances such as imminent risk of harm), can be considered malpractice. Likewise, professionals must provide services within the boundaries of their competence, based on their education, training, supervised experience, and professional credentials (Herlihy & Remley, 2021). Practicing outside one's area of expertise or failing to refer a client when necessary can also lead to malpractice claims.
Another important standard regards the relationship between professionals and clients. Engaging in relationships with clients that blur the professional boundary, such as romantic or business relationships, can lead to exploitation and harm, constituting malpractice.
Clients also have the right to be fully informed about their treatment, including potential risks, benefits, and alternatives. Failure to obtain proper informed consent can be seen as malpractice. Inadequate documentation of clinical decisions, treatment plans, and client interactions can lead to issues in continuity of care and legal complications, potentially resulting in malpractice allegations. And...
…and a commitment to resolving the issue. Regardless of the outcome, such an experience should be used as a learning opportunity, so that one can reflect on one's practice and consider improvements to prevent future complaints.The question of whether to inform colleagues or friends about the complaint is delicate. Generally, it is advisable to maintain professional boundaries and avoid discussing the details with those not directly involved. This approach helps with maintaining confidentiality and privacy. Having support is important, but it should be done with discretion. Discussions about the complaint are best held with legal advisors, professional mentors, or therapists who can provide support while maintaining confidentiality. Sharing details with colleagues or friends can lead to biased advice and might inadvertently affect the investigation or legal process.
In conclusion, handling malpractice complaints requires a careful approach that balances legal, ethical, and professional considerations. Confidentiality, professionalism, and a commitment to…
References
Herlihy, B. & Remley, T. (2021). Ethical, Legal, And Professional Issues In Counseling.
Pearson.
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
Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of care and this can result in a malpractice case. The six elements on malpractice as are follows: Duty: This refers to the relationship that the nurse has with the patient or in other words, it needs to be established that the nurse has
Some researchers have suggested that increased liability not only encourages physicians to practice defensive medicine, but also undermines many patients access to much needed medical services (Hyman & Silver, 2004). Boulard (2002) cites many studies that clearly show the increasing costs of malpractice insurance affect specialist care. In 2002 alone more than 60 specialists at one critical care facility in Las Vegas left their jobs after another malpractice premium spike. The
Tort Law One recent case of medical malpractice settled under tort law was that of Larkin v Dedham Medical Associates, which was concluded in 2015 in Norfolk Superior Court in Massachusetts. In this case, Larkin suffered a stroke hours after giving birth, and was paralyzed from the waist down as a result of this stroke. Prior to the stroke, Larkin has run in the Boston Marathon, but suffered dizzy spells thereafter, and
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
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
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