Class 506 Unit 4 Topic 2 Comment 1 M

Class 506 Unit 4 Topic 2 Comment 1 M

Denise

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Answer this discussion with opinions/ideas creatively and clearly. Supports post using several outside, peer-reviewed sources.

1 References, find resources that are 5 years or less

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To Comment:

Class 506 Unit 4 Topic 2 Comment 1 M)

A defense that may be raised in Case Study 2: Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter, Deceased is failure to prove elements of claim. The defense must prove all four elements: duty to plaintiff, failure to act reasonably, damages/injury occurred, damages occurred because of a breach of the duty (Westrick, 2014). The LPN did act reasonably by responding to the patient’s change of condition and calling for help from the appropriate personnel. The plaintiff would fail to prove there was a failure to act reasonably, thus, a valid defense. According to Westrick (2014) malpractice can be prevented by understanding the Nurse Practice Act and standards of care, facility policies and timely and accurately documenting. The incident could have been prevented by a proper and thorough handover report between the PACU nurse and the floor nurse. This may have heightened the nurse’s awareness of the patient’s acuity and increased chance of complications due to the hypotensive incident in the recovery room. A risk management technique could have been to follow up with the patient’s family to offer condolences and show a genuine concern. Chiu (2010) reported that patients are strongly motivated to bring litigation against a hospital based on the attitudes of the employees. Another risk management technique to prevent malpractice would be for the facility to provide continuing education for the nursing staff to foster the development of the knowledge, skills and attitudes necessary to provide safe, competent, quality care. The American Society for Healthcare Risk Management has developed The Active Risk Control (n.d.) tool to help solve problems. This is similar to other risk assessment tools but is focused on solving problems as opposed to understanding problems which is what the root cause analysis risk assessment tool is designed to do.

Reference

American Society for Healthcare Risk Management. (n.d.). Retrieved from http://www.ashrm.org/resources/arc_toolkit/index.dhtml

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), 702-707.

Westrick, S. J. (2014). Essentials of nursing law and ethics. (2nd ed.). Burlington, MA: Jones & Bartlett Learning.