Please help me with a response to this hypothetical case study. Any help would b
ID: 237475 • Letter: P
Question
Please help me with a response to this hypothetical case study. Any help would be greatly appreciated!
Mary Smith, CNO, has just been named in a lawsuit along with two of her registered nurses. The lawsuit arose as a result of a patient’s hip fracture sustained as a result of a fall. The two nurses named in the lawsuit were caring for the plaintiff on the day of the fall. Mary Smith, as CNO, claims that she had no involvement with the care that was provided to the patient and cannot fathom that she is also a named party on the claim. The lawsuit alleges negligence and seeks unspecified damages from all three nurses named. Discuss the following issues as they pertain to this case:
1. How does liability extend to the CNO?
2. What defenses are available to the CNO? In other words, what evidence can the CNO put forth to show that she should be dropped from the suit?
3. None of the nurses, including the CNO, have liability insurance. Is this a concern? Why or why not?
Explanation / Answer
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Legal issues like liability, negligence and malpractice are increasingly taking part in contemporary nursing practice. Nurses can be made liable for the intentional or unintentional errors in practice. Negligence and malpractice are considered as unintentional torts. ‘Fall’ is a common reason for the malpractice claim lawsuit. Any deviation from the standard of care that resulted in any damage to the patient’s health can be termed as negligence. All 4 elements ( Nurse-patient relationship, damage (physical or psychological), casual connection, breach of duty) of negligence must be proven in the court.
1. How does liability extend to the CNO?
CNO is responsible for delegation of work to RNs.
Accountable for proper training of team members.
Failure of assumption of risk.
Negligence can be the specific type of malpractice.
Liability includes the areas of delegation, discharge of duties, documenting, training and assessing.
2. What defences are available to the CNO? In other words, what evidence can the CNO put forth to show that she should be dropped from the suit?
Professional liability protection (PLP).
Good Samaritan act.
Federal Immunity.
Proper documentation and incident report.
Includes:
SBAR communication.
Assessment of risk- blind, elderly, drowsy, dizzy
Use of restraints- side rails, restraints
Monitoring of patient continuously
Evidence of training.
3. None of the nurses, including the CNO, have liability insurance. Is this a concern? Why or why not?
Employer insurance may cover the legal expenses.
Malpractice insurance:
Personal and professional (institutional or any professional bodies)