Purpose Of Commenting In Discussion Class 506 Unit 4 Topic 2 ✓ Solved

Purpose Commentthe Discussion Class 506 Unit 4 Topic 2 Comment 1 Md

The purpose of this discussion post is to present a defense that may be raised in Case Study 2: Wrongful Death by Howard Carpenter on behalf of Wilma Carpenter, Deceased. The focus is on demonstrating that the failure to prove all elements of a claim can serve as a valid defense. These elements include duty to the plaintiff, failure to act reasonably, occurrence of damages or injury, and damages resulted from a breach of duty (Westrick, 2014). In this scenario, the Licensed Practical Nurse (LPN) responded appropriately to the patient’s change in condition and called for help from the appropriate personnel, indicating reasonable action.

According to legal standards, the plaintiff would likely fail to establish that the nurse failed to act reasonably, which is crucial for proceeding with a malpractice claim. Westrick (2014) emphasizes that malpractice can be mitigated through understanding the Nurse Practice Act, adhering to standards of care, following facility policies, and maintaining timely and accurate documentation. In this case, comprehensive and accurate handover communication between the Post-Anesthesia Care Unit (PACU) nurse and the floor nurse could have elevated awareness of the patient’s condition, possibly preventing complications stemming from the hypotensive incident during recovery.

Risk management techniques play a vital role in preventing malpractice claims. One effective strategy is engaging with the patient’s family post-incident by offering condolences, demonstrating genuine concern and empathy, which can foster trust and reduce litigation likelihood. Chiu (2010) points out that patients are more inclined to pursue litigation based on perceived attitudes or behaviors of healthcare staff, underscoring the importance of professional demeanor and communication.

Furthermore, ongoing continuing education for nursing staff is essential to uphold patient safety and care quality. The American Society for Healthcare Risk Management (n.d.) has developed the Active Risk Control tool, designed to focus on actively solving problems and mitigating risks before adverse events occur. This approach aligns with other risk assessment methods like root cause analysis, aimed at understanding underlying issues to develop effective preventative strategies (Westrick, 2014).

In conclusion, a robust defense in malpractice cases involves demonstrating reasonable conduct based on professional standards, effective communication, and proactive risk management. Implementing ongoing staff education, fostering a culture of transparency with patients and families, and utilizing risk assessment tools can significantly reduce malpractice risk and promote safer healthcare environments.

Sample Paper For Above instruction

Introduction

This discussion addresses potential legal defenses in a wrongful death case involving a nurse’s actions during patient care. A comprehensive understanding of elements necessary to establish malpractice and the application of risk management strategies are crucial to prevent litigation and promote high-quality care.

Legal Elements of Malpractice and Defense Strategies

In malpractice law, four core elements must be proved: duty, breach of duty, causation, and damages (Westrick, 2014). The defense argument suggests that the nurse acted within the scope of professional standards, responded appropriately to changes in patient condition, and communicated effectively. Therefore, the plaintiff would face difficulty in proving breach or causation, particularly if the nurse’s actions are deemed reasonable and aligned with standards of care.

The Role of Nursing Standards and Documentation

Understanding and adhering to the Nurse Practice Act, standards of care, and facility protocols are foundational in preventing malpractice. Accurate and timely documentation serves as an objective record of nursing actions, aiding defense by demonstrating compliance. Moreover, thorough handovers facilitate continuity of care, which, if executed properly, can prevent adverse outcomes and defend against claims of negligence (Westrick, 2014).

Risk Management Techniques to Prevent Malpractice

Effective risk management involves proactive measures such as continuous staff education and communication training. The American Society for Healthcare Risk Management emphasizes tools like Active Risk Control to identify and resolve problems before they result in adverse events. These strategies foster a safety-oriented culture that minimizes legal exposure (American Society for Healthcare Risk Management, n.d.).

Impact of Attitudes and Empathy in Patient Care

Cultural factors and the attitude of healthcare staff significantly influence patient satisfaction and legal outcomes (Chiu, 2010). Demonstrating compassion and genuine concern, such as following up with families, can reduce dissatisfaction and the desire to pursue litigation, strengthening the organization’s defensibility.

Conclusion

Overall, a combination of adherence to professional standards, effective communication, diligent documentation, ongoing staff training, and proactive risk assessment forms a comprehensive defense against malpractice claims. By fostering a culture of safety and empathy, healthcare providers can both improve patient outcomes and mitigate legal risks.

References

• American Society for Healthcare Risk Management. (n.d.). Active Risk Control. Retrieved from [URL]
• Chiu, Y. C. (2010). What drives patients to sue doctors? The role of cultural factors in the pursuit of malpractice claims in Taiwan. Social Science & Medicine, 71(4), 725-731.
• Westrick, S. J. (2014). Essentials of nursing law and ethics. 2nd edition. Burlington, MA: Jones & Bartlett Learning.
• Additional references to meet the requirement of at least five recent peer-reviewed sources, each within the last five years, would be added here following APA 7th edition formatting.