Nursevillage.com - Career Resources : Taking the Fall: Nurses and Medical Malpractice

In the role of caregivers/problem solvers, nurses continue to have a certain naiveté towards legal matters and the potential ramifications to their careers. This innocence is admirable, but in today’s time of tort law, it’s no longer a realistic attitude to have. Nurses should and need to be concerned about medical malpractice.

In our growing litigious society, more nurses are being named in medical malpractice lawsuits and disciplinary actions against nurses are on the rise. This year, thousands of nurses will be disciplined for some type of professional misconduct (defined as a violation of rules and regulations that govern the practice of nursing from state to state).

Why the Sudden Target on Nurses Back?
As healthcare advances and the nursing population decreases — the individuals who remain in the field are left to take on more responsibilities. Today, nurses are accountable for more monitoring of complex data and operating sophisticated medical equipment. In addition, they are also expected to make more independent decisions when it comes to patient care. Of course, with this authority comes accountability. Greater accountability means an increased chance of being sued.

Patients in general are holding nurses to higher level of patient care. The internet has put medical information regarding diseases and procedures in the hands on every individual who has access to a computer. The outcome — a more knowledgeable patient population.

Someone Else, But Not Me.
Many nurses are under the impression that disciplinary action won’t happen to them — it only happens to “bad” nurses. This assumption is wrong. As one Seattle lawyer explains, “The vast majority of RNs represented for misconduct are good to excellent clinicians.” The fact is, no nurse can follow policy and procedure one hundred percent of the time and no one is perfect.

An unfortunate mistake can happen to any nurse at any time. Many RNs have no idea that they have been reported for misconduct until long after they have been fired from a facility. And tenuous allegations can come from any third party, including patients, their families, or even from hospital visitors. Even if the accusations brought against you are groundless, the mere fact that you have been named in a lawsuit is likely to cause you extreme stress and anxiety. Assertions of malpractice can cause professional embarrassment and potentially damage your reputation as a competent nurse.

Approximately one-quarter to one-half of all complaints against nurses are brought to the attention of state nursing boards and result in some kind of disciplinary action. Reasons why nurses are disciplined can range from criminal convictions, chemical dependency and substance abuse to practice issues such as medication errors, documentation errors and failure to assess or intervene.

Yes. You Need a Lawyer.
Regardless of how serious you think the charges are against you, you should seek competent legal council. Nurses have to keep in mind that the professional disciplinary system is very much like the criminal justice system — a better lawyer brings a better outcome.

It’s natural to think that if you downplay the situation it will go away but the reality is — it won’t. Ignoring the circumstances can make things worse. Nurses often think that if they tell their story it should be enough to rebut the charges. Unfortunately, that often stacks more evidence against them. Remember, anything that you say can and will be held against you. Lawyers can help nurses prepare evidence in their favor and line up witnesses on their behalf.

Understanding the need for legal representation should lead you to investigate the type of liability coverage you have through your employer. You may want to purchase an additional professional liability insurance policy because defending an allegation of malpractice can be financially draining.

Changing Times Require New Measures.
As demands and responsibilities for nurses increase so will charges being brought against them. It is becoming more essential for nurses to understand how negligence law is applied to nursing. There are several places where nurses can read through actual cases to gain awareness of real life situations that have led to malpractice lawsuits and legal liability. Ultimately, the more you learn the better prepared you’ll be to avoid professional malpractice problems.

To read through actual legal cases, visit:
http://www.nso.com/case/com_index.php
http://www.nursingceu.com/courses/97/index_nceu.html
http://www.continuingeducation.com/nursing/lawstoknow/cases.html