Q2_Professional Liability

Which persons are covered by RCW 18.130.180 ?

"Any license holder under the jurisdiction of the chapter."

Res Judicata:

"The thing has been decided" (This means that the patient cannot bring a second lawsuit against the same defendant)

Res Ipsa Loquitur

"The thing speaks for itself" Applies to law of negligence This means that it is so obviously a problem that we do not need explanation Examples: Leaving a sponge in a patient during abdominal surgery Operating on the wrong body part

Res Ipsa Loquitur three conditions must be present:

1. Injury could not have occurred without the negligence 2. Defendant had total and direct control over the cause of injury; Duty had to be within the scope of duty owed to the patient 3. The patient did not, could not, contribute to the cause of the injury

Fraud

A deliberate concealment of the facts form another person for unlawful or unfair gain Illegal billing Kickbacks for making referrals Dishonesty when conducting medical research Embezzlement Illegal sale of drugs

Negligence

An unintentional action that occurs when a person either performs or fails to perform an action that a "reasonable person" would or would not have committed in a similar situation.

Tort of Negligence

Both action and inaction can be negligent Examples: Failure to provide clear instructions for the patient

Types of Damages

Compensatory Actual loss May be earnings lost Punitive Serves as punishment to the offender Nominal Token payment showing that the patient's rights were violated Wrongful Death Family may be able to collect for wrongful death

____________ involves recognizing a nurse for certain qualifications that exceed basic competence.

Credentialing

A Chiropractor places an advertisement in the paper stating that his "magic treatments will lead to a guaranteed cure." This advertisement could be: A) False B) Fraudulent C) Misleading D) All of theses

D

Who has to prove what?

The plaintiff must show a "preponderance of evidence" - this means that there is 51% likelihood that the defendant caused the injury If the defense shows more evidence, the case will be found for the defense If the evidence is equal, the case will be found for the defense

Dereliction or Neglect of Duty

This is neglect of duty Plaintiff (patient) must prove that the health care provider's performance or treatment did not comply with acceptable standard of care Both sides will use expert testimony to say what the appropriate standard of care may be in a particular situation

All persons who are compensated for nursing services must be licensed. True False

True

It is possible for someone to graduate from a nursing program, but then be denied licensure by a state board based on a prior criminal conviction. True False

True

Licensure only assures minimal safety and competence of the individual. True False

True

Under RCW 18.130.180, it is possible for a person to receive disciplinary action even if s/he is not convicted in a criminal proceeding. True False

True

Every mistake or error is not considered malpractice.

When a treatment or diagnosis does not turn out well, the health care professional is not necessarily negligent, as long as they acted in the Standard of Care Professionals who fail to act reasonably in the same situation are negligent.

Duty

defined as obligation/responsibility to the patient Uses the "reasonable person" standard Nurses held to the same standard of care as other nurses (reasonable person) in same or similar circumstances

Damages

injuries to the patient caused by the defendant Patients seek compensation in the form of $ for damages: Permanent physical disability Permanent mental disability Loss of enjoyment of life Personal injuries Past and future loss of earnings Medical and hospital expenses Pain and suffering

If a nurse performs an act/procedure outside of his/her scope of practice and this leads to patient injury, the patient may have a _________ claim against the nurse.

malpractice

Licensure as a nurse assures the public that the person is _____________ to assume the specific duties.

qualified

According to RCW 18.79.260, a RN may delegate tasks of nursing care to other individuals if it is in the best interest of the: A) RN B) Delegate C) Patient D) Hospital

Patient

What is considered Malpractice?

Professional misconduct or demonstration of an unreasonable lack of skill which results in injury, loss or damage to the patient. The health professional was negligent or failed to perform professional duties to an accepted standard. "An accepted standard" Standard of Care

Direct Cause

Refers to a sequence of events causing an injury Without these events, the injury would not have happened Cause and effect relationship between patient's injury and defendant's action

Statute of Limitations:

Remember that we have a certain period of time in which to file a suit Note that if fraud is involved the statutes do not begin to run until the patient discovers the fraud.

When a treatment or diagnosis does not turn out well, the health care professional is not necessarily negligent, as long as they acted in the

Standard of Care

Malpractice Prevention

General Guidelines—always act within your scope of practice!! Safety Issues Communication Documentation

The American Nurses Association (has) or (has not) endorsed the Nursing Licensure Compact.

Has not

The state ________ department entitles a person to practice a certain profession through the process of licensure.

Health

The Four Ds of Negligence

In order to obtain a judgment for negligence, the patient (plaintiff) must show four (4) things: 1. Duty 2. Dereliction of duty 3. Direct or proximate cause 4. Damages

The Nursing Licensure Compact addresses:

Interstate licensure for RNs & PLNs/VNs.

Insurance

Liability - employers carry to cover employees Malpractice - most docs carry this Am I as a nurse always covered under Respondeat Superior? Not if I exceed my scope of practice Look at pages 102-103 for case examples

Entry requirements, Scope of practice, and Disciplinary actions are among the items defined by each state's:

Nurse Practice Act

Changes to a state's Nurse Practice Act are usually initiated by that state's __________ _________ in response to a need identified by the professional community.

Nurses Association