Forensic Issues

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Assume that you are called upon to testify in one of the two case scenarios for the Unit 9 Assignment on behalf of the nurse-defendant. Outline what evidence is important to preserve – how? Why

 

 

 

Each of you will be describing what you would testify to if you were an expert testifying on behalf of the nurse-defendant; therefore, I will simply discuss the elemets that will be examined in a court procedure. These elements include:

·         Failure to follow standards of care

·         Failure to communicate

·         Failure to document

·         Failure to assess and monitor

·         Improper delegation (Allen & Reising, 2007).

Allen and Reising (2007) have mapped out some things that you, as a nurse, should do to help reduce the risk of being sued. They include:

  • Perform only those skills that are within your practice scope.
  • Stay current in your field or specialty area by attending in-service programs and other continuing education opportunities. Be active in professional organizations.
  • Know your strengths and weaknesses. Don’t accept assignments if you’re not sure you’re competent to perform them.
  • Attend equipment in-service programs and make sure you know how to detect equipment failures.
  • Never make a statement that a patient or family member may construe as an admission of guilt or fault.
  • Document all patient care activities and communications.
  • Know how to invoke the chain of command in your facility, and don’t hesitate to do so when needed.
  • Maintain open, honest, respectful communication with patients and their families. They’re less likely to sue if they believe the nurse has been caring and professional.
  • Carry your own malpractice insurance. That way, if you’re named in a suit, you’ll have an attorney dedicated solely to your interests. Without insurance, you must rely on the facility’s attorney, whose first priority is to defend the facility (p. 43).

 

Allen, P. N., & Reising, D. L. (2007). Protecting yourself from malpractice claims. American Nurse Today, 2(2), 39-43. Retrieved fromhttp://www.americannursetoday.com/protecting-yourself-from-malpractice-claims/

 

 

 

THis should involve peer reviewed resources at least 400 words with 3 APA references corectly cited. 

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