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 the duty to provide care as the patient demanded. "Duty is the obligation of due care owed by one person to another as appropriate for the circumstances and as may be dictated by the law." (Sharpe, p. 18) The plaintiff must establish that the defendant had a legal obligation to provide expected care.

Foreseeability:

This refers to the link that is expected to exist between nurse's actions and the injury caused. In other words, the results of nurse's action should be foreseeable…...

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References:

Sharpe, Charles. Nursing malpractice: Liability and risk management. Greenwood publishing group. 1999

Responsibilities of Nurses to Patients
Why is it important

The role of nurses has a direct implication on the patients. For example, nurses observe and provide direct care to the patients. The physicians give orders and thus are the role of the nurses to implement (Aiken et al., 2014). Often, the work of the physicians is not complete without the help of the nurses. The nurses are responsible for changing clothes and giving the medications to patients. Often, the patients are unable to do basic tasks, and therefore the roles of nurses become very important. Nurses keep medical records for the patients and therefore give medications to the patients in time and monitor their progress.

Another important role of the nurse is assessing the response of the patients to medications. Keep the records for the progress of patients is an invaluable practice. The records help the nurses to monitor how the patients are…...

While an individual can sue or make a claim that his or her benefits were illegally denied, the "decision of the plan administrator may often be reversed only if it was found to have been arbitrary and capricious, a very difficult standard to meet. Even if that is proven, EISA limits damages… [ensuring] the HMO will not be punished" in a substantive fashion (EISA, 2004, HAP).
However, some state courts, despite EISA have held HMOs directly liable for negligent treatment of their members, such as when an HMO refused to grant a patient the 30 days of inpatient psychiatric care his doctor said he required and only covered 10 days. The California court "ruled that an organization, such as the patient's HMO, that substantially shaped the course of patient care could be held liable for the quality of the care actually delivered… a Pennsylvania court also held that an HMO…...

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References

Armon, Bruce D. & Howard A. Miller. (2001 July). Building a successful IPA. Physician News.

Retrieved October 3, 2010 at  http://www.physiciansnews.com/business/701.html 

Hawn, Daniel. (2004, December 8). HMO Malpractice. Retrieved October 3, 2010 at  http://www.lawyershop.com/2004/12/08/hmo-malpractice/ 

Health Administration Responsibility Project: ERISA Outline. (2004). Health Administration

Pharm Advertising
eduction of Malpractice

One of the key manners in which direct-to-physician advertising of pharmaceuticals can lead to health promotion is in the reduction of malpractice on the part of physicians when it comes to the administering of pharmaceuticals. It is of course the primarily (and ultimately, solely) the physicians' responsibility to ensure the proper and effective use of pharmaceutical products, just as it is their responsibility to ensure that all care practices and interventions are in the best interests of the patient. Pharmaceutical companies have this goal and this responsibility as well, however, and they can be instrumental in making sure that true best interests are served with current knowledge of best practices and new potentials. As advertising is ultimately the provision of information, it can be seen that the direct advertising of pharmaceuticals to physicians can provide more comprehensive, detailed, and current information regarding new products, new uses, and…...

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References

Aguado, A., Guino, E., Mukherjee, B., Sicras, A…. & Moreno, V. (2008). BMC Health Services Research 8(1): 53.

Fleetcroft, R., Cookson, R., Steel, N. & Howe, A. (2011). Correlation between prescribing quality and pharmaceutical costs in English primary care: national cross-sectional analysis. British Journal of General Practice 61(590): 556-64.

Frosch, D., Grande, D, Tarn, D. & Kravitz, R. (2010). A Decade of Controversy: Balancing Policy With Evidence in the Regulation of Prescription Drug Advertising. American Journal of Public Health 100(1): 24-32.

Gagnon, M. & Lexchin, J. (2008). The Cost of Pushing Pills: A New Estimate of Pharmaceutical Promotion Expenditures in the United States. PLoS Medicine 5(1).

rising cost of healthcare have many wondering what can be done to make healthcare affordable. Many believe that a prime source of the rising healthcare cost is the exorbitant amount of money that some have received in malpractice suits. Many experts contend there should be a limit or cap on the amount of money that people can receive in a malpractice suit. The purpose of this discussion is to explain if there should be a cap on malpractice awards.
hy Caps Should exists

The main reason why Caps should exist is associated with the cost of malpractice insurance for doctors. In recent years, many doctors have been forced to stop practicing medicine because of the high cost of malpractice insurance. According to an article entitled "The Doctors' Big Squeeze: Huge Increases in Medical Malpractice Insurance Rates Are Driving Doctors out of Business. hat's the Answer" caps on malpractice awards will be…...

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Works Cited

Bhat, Vasanthakumar N. Medical Malpractice: A Comprehensive Analysis. Westport, CT: Auburn House, 2001.

Boulard, Garry. "The Doctors' Big Squeeze: Huge Increases in Medical Malpractice Insurance Rates Are Driving Doctors out of Business. What's the Answer?." State Legislatures Dec. 2002: 26+.

"Edwards' Malpractice Suits Leave Bitter Taste." The Washington Times 16 Aug. 2004: A01.

Ramstack. "Doctors' Careers on Life Support; Malpractice Insurance Costly." The Washington Times 1 Sept. 2003: A01.

True Cost of Increased Malpractice Insurance in the ealth Care Industry
During the last decade, medical malpractice premiums have increased exponentially, resulting in a decreased pool of qualified physicians operating in the medical arena. The medical industry is facing many crises, including rapidly increasing health insurance premiums that affect consumers directly. One arena consumers may not have considered evaluating is that of medical malpractice.

Medical Malpractice, as defined by the U.S. General Accounting Office and Black Law Dictionary, arises as a result of "bad, wrong or injudicious treatment of a patient, professionally and in respect to the particular disease or injury, resulting injury, unnecessary skill, disregard or established rules of principles, neglect or malicious or criminal intent" (Black Law Dictionary, cited in U.S. General Accounting Office, 1987f: 11; from ay, 1992). One should assume under the governance of law within the United States that a majority of human activities performed are "basically…...

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Henry, Laurie J.; Thompson, James H. "Professional Liability Insurance: Go bare or not?" Journal of Accountancy, Vol. 172, 1991

Holder Angela, R. "Trends in Malpractice Litigation." Yale Journal of Biology and Medicine, 53, (4) 333-37

Kramer, Charles. "Medical Malpractice: The Patients Point-of-View." New York: State Journal of Medicine 86 (7) 348-51

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 present for forming the base for any claim. For any case of medical malpractice to succeed, an attorney is required to prove all four aspects, which are: duty, causation, damages, and breach (What are the Elements of a Medical Malpractice Claim? n.d.). The first element -- Duty -- implies that health care professionals owe their patients the duty to take reasonable and appropriate action; i.e., the practitioner is accountable for delivering some form of treatment or care to the patient.…...

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References

Florida Healthcare Law (n.d.). - A Florida Medical Malpractice Blog - Shoulder Dystocia Erbs Palsy. What are the Elements of a Medical Malpractice Claim? -- Florida Healthcare Law - A Florida Medical Malpractice Blog - Shoulder Dystocia Erbs Palsy. Retrieved March 8, 2016, from  http://floridahealthcarelaw.com/what-are-the-elements-of-a-medical-malpractice-claim/ 

Kurreck, & Twersky. (2012). Home -- AHRQ Patient Safety Network. Residual Anesthesia: Tepid Burn -- AHRQ Patient Safety Network. Retrieved March 8, 2016, from  http://psnet.ahrq.gov/webmm/case/276 

Nahed, B., Babu, M., & Smith, T. (2012, June 22). Malpractice Liability and Defensive Medicine: A National Survey of Neurosurgeons. Retrieved March 7, 2016, from  http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0039237 

Saltzman, J. (2008, January 29). Medical Malpractice Attorneys Lubin & Meyer -- Boston, MA, NH, RI. Family Sues in Operating Room Fall - Wrongful Death Lawsuit. Retrieved March 8, 2016, from  http://www.lubinandmeyer.com/news/or_fall.html

Medical malpractice is defined as "any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient" (Bal, 2009, p.340). Notability, while Bal (2009) defines this in the context of physicians, it is also important to realise that other medical practitioners, such as nurses, dentists, pharmacists, and occupational therapists, can also be subject to malpractice suits. The risks associated with an accusation of malpractice remain high, for example, in a recent report it was found that doctors in low risk specialty areas had a 75% chance of facing a malpractice claim, whereas those is high risk specialities had a 100% chance (Seabury, Lakdawalla, and Chandra, 2011). However, the incidence level of paid claims is reducing; in 2014 there were a total of 11,922 claims, a 4.3% decrease on the preceding year (Gamble,…...

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References

Bal., B S. (2009). An Introduction to Medical Malpractice in the United States. Clinical Orthopaedics and Related Research. 647(2), 339-347

Budetti, P P., Waters, T M. (2005). Medical Malpractice Law in the United States. Kaiser Foundation. Retrieved https://kaiserfamilyfoundation.files.wordpress.com/2013/01/medical-malpractice-law-in-the-united-states-report.pdf

Edwards, J S., Wells, P K., (2015), Tort Law. New York, Delmar Cengage Learning

Gamble, M. (2016). 29 Statistics on Medical Malpractice Payouts and Lawsuits. Beckers Hospital Review. Retrieved  http://www.beckershospitalreview.com/legal-regulatory-issues/29-statistics-on-medical-malpractice-payouts-and-lawsuits.html

MalpracticeMalpractice is a term most often associated with the medical field but actually applicable across various professional settings. It refers to a significant deviation from accepted standards of practice, leading to harm or injury to a client or patient (Herlihy & Remley, 2021). This deviation might stem from negligence, malice, lack of skill, or disregard for established norms. Malpractice is not limited to healthcare; it can occur in law, accounting, engineering, and other fields where professional standards are supposed to be rigorously upheld.When a professional faces a malpractice complaint it is important to get the initial response right. The first step should be in acknowledging and then carefully documenting the complaint. This documentation should capture the essence of the complaint, the identity of the complainant, and any specific allegations made. Following this, there should be a very thorough review and assessment of the complaint, which is necessary for validating purposes.…...

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References

Herlihy, B. & Remley, T. (2021). Ethical, Legal, And Professional Issues In Counseling.

Pearson

Apology legislation has gained traction in the United States health sector in recent years. The laws have gained significant attention in the recent past due to the belief that apologies made by healthcare providers and professionals for serious medical events help to mitigate patients’ decisions on whether to litigate. Currently, these laws have been enacted in twenty-nine states. Based on the provisions of most of these laws, the apologetic expressions of sympathy by healthcare providers cannot be used against them in court. The United States has witnessed the increased implementation of apology legislation as part of the movement to dismantle what has traditionally been a deny-and-defend culture in medical practice. According to Daigle (2017), the enactment of apology legislation is expected to help avoid lawsuits, lessen the overall administrative costs related to litigating cases, enhance communication between parties, promote alternative dispute resolution, and lessen malpractice insurance and overall healthcare costs.
While…...

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References

Daigle, E. (2017). Apology Law: A Federal Standard for the Protection of Apologies Following Medical Harm. Journal of Health Care Finance, 136(140), 1-18. Retrieved from  

Davis, E.R. (2016). I’m Sorry I’m Scared of Litigation: Evaluating the Effectiveness of Apology Laws. The Forum: A Tennessee Student Legal Journal, 3(1), 70-100. Retrieved from  https://trace.tennessee.edu/cgi/viewcontent.cgi?article=1011&context=forum 

https://healthfinancejournal.com/index.php/johcf/article/download/136/140 

MalpracticeMalpractice 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 & emley, 2021).For example, a fundamental aspect of counseling is the assurance of confidentiality. A breach of this trust (except under legally mandated…...

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ReferencesHerlihy, B. & Remley, T. (2021). Ethical, Legal, And Professional Issues In Counseling. Pearson.

This wrong doing is in violation of the ethical obligation of nurses to advocate on behalf patients in order to ensure their well-being. If a patient is injured due to this kind of mistreatment, the hospital is liable, and the nurse may receive discipline, possibly suspension. However, the plaintiff (the patient) may also choose to file a law suit against the individual nurse as well (Giordano, 2003).
Another example would be if a surgical nurse noticed during routine charting procedures that a patient about to go into surgery on their left knee was supposed be receiving their surgery on their right knee. To avoid medical error and a subsequent malpractice suit, the nurse could verify with other nurses and the surgeon that the patient would be receiving the appropriate surgery.

eference

Giordano, K. (2003). Examining nursing malpractice: a defense attorney's perspective - legal counsel. Critical…...

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Reference

Giordano, K. (2003). Examining nursing malpractice: a defense attorney's perspective - legal counsel. Critical Care Nurse, 23(2), 104-07.

Department of Veterans Affairs Medical Center, Oklahoma City, Oklahoma
Today, the Department of Veterans Affairs (VA) operates the nation's largest healthcare system through the Veterans Health Administration (VHA), including 152 medical centers (VAMCs), 800 community-based outpatient clinics and numerous state-based domiciliaries and nursing home care units (About VA, 2016). As the second-largest cabinet agency in the federal government, the VA's budget exceeds the State Department, USAID, and the whole of the intelligence community combined) with more than $60 billion budgeted for VHA healthcare (Carter, 2016). One of the VHA's largest medical centers that provides tertiary healthcare services to eligible veteran patients is the Oklahoma City VA Medical Center (OKC VAMC) in Oklahoma City, Oklahoma. Like several other VAMCs, the OKC VAMC has recently been implicated in a system-wide scandal concerning inordinately lengthy patient waiting times and misdiagnoses which may have contributed to the deaths of some veteran patients and jeopardized others.…...

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References

About the Oklahoma City VA Medical Center. (2016). Oklahoma City VA Medical Center. Retrieved from  http://www.oklahoma.va.gov/about/ .

About VA. (2016). Department of Veterans Affairs. Retrieved from   / about_va/vahistory.asp.http://www.va.gov 

Breen, K. J. & Plueckhahn, V. D. (2002). Ethics, law, and medical practice. St. Leonards, NSW: Allen & Unwin.

Carter, P. (2016). How to fix the VA. Slate. Retrieved from   / the_works/2016/03/25/slate_s_infinite_scroll_implementation_explained.html.http://www.slate.com/blogs 

Malpractice CaseIn the malpractice case, the NP failed to take several steps that could have prevented the negative outcome. First, the NP should have obtained the patients complete medical and cardiac history, as this is always a key variable in making health care decisions. Second, the NP should have identified that the biopsy did not require medical clearance; this is another key variable that if addressed properly would have prevented confusion on the part of the patient. Third, the NP did not communicate with the referring physician to gain understanding of the request for medical clearance; communication would have prevented a negative outcome as well, which is why it is yet another key variable in this case.There were also several improper steps taken by the NP regarding the patients anticoagulant therapy, delivery of instructions, and documentation. The NP neglected, first of all, to properly manage the patients drug therapy. Then…...

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ReferencesCorbridge, S. J., & Melander, S. (2019). Burnout: Going beyond mindfulness to NP-led interprofessional teams. The Nurse Practitioner, 44(5), 10-12.McCarthy, B., Fitzgerald, S., O’Shea, M., Condon, C., Hartnett?Collins, G., Clancy, M., ... & Savage, E. (2019). Electronic nursing documentation interventions to promote or improve patient safety and quality care: A systematic review. Journal of nursing management, 27(3), 491-501.

Fault: An Alternative to the Current Tort-Based System in England and Wales
The United Kingdom

statistics regarding claims

THE NATIONAL HEALTH SYSTEM

OBSTACLES TO DUE PROCESS

THE CASE FOR REFORM

THE REGULATORY ENVIRONMENT

THE RISING COST OF LITIGATION

LORD WOOLF'S REFORMS

MORE COST CONTROLS

THE UNITED STATES

PAUL'S PULLOUT

THE INSURANCE INDUSTRY

TORT REFORM IN AMERICA

FLEEING PHYSICIANS

STATISTICS FOR ERROR, INJURY AND DEATH

THE CALL FOR REFORM IN 2003: A FAMILIAR REFRAIN

THE UNITED STATES SITUATION, IN SUMMARY

NEW ZEALAND CASE STUDIES

THE SWEDISH SCHEME

COMPARISON: WHICH SYSTEM IS BETTER?

FIRST: UNDERLYING DIFFERENCES

TALKING TORT: AMERICAN PECULIARITIES

AMERICANS CONSIDER NO-FAULT

BRITAIN CONSIDERS NO-FAULT

CONCLUSION

Works Cited

Appendix A THE UNITED KINGDOM

INTRODUCTION

At issue is the economic effectiveness of tort law in the common law legal system of England and Wales, as applied to medical and clinical negligence and malpractice cases. In response to economic concerns and a continual rise in cases, an examination of the consideration of a proposed no-fault alternative to the current system is underway. We will explore the basis of the current system, the…...