Nursing Malpractice

Term Paper # 117043

Law
Medical and Health > Nursing

Nursing Malpractice

An exploration of nursing malpractice cases and their justification in today's society.

1,700 words () | 3 sources | MLA | 2009 United States

Paper Summary:

The paper describes malpractice lawsuits as the threat of being held financially and professionally accountable for some observed and possibly human error in a high stress occupation with urgent conditions. The paper lists the four prerequisite elements in the specific legal standard of negligence that has evolved to prove culpability and notes how contrary to common perceptions, the law regarding negligence does tend towards protecting nurses. The paper discusses the use of settlements and how they make nurses look guilty or negligent at a level which is very likely disproportionate and unfair. The paper further discusses how hospitals' cost efficiency standards may limit a nurse's ability to do her best and leave her more open to malpractice suits. The paper concludes with the hope that negligence suits will serve the purpose that they were originally meant for: to protect and compensate patients for nurses that are truly negligent.

From the Paper:

"Nursing malpractice is primarily a legal issue, and a legal interpretation in its current form. This is not to say that it exists only in legal context, but to assert that malpractice in society has evolved through its definition by legal standards, and has become relevant to the workplace of the nurse because the legal ramifications, where the nurse can be held culpable for her action, or lack of actions, that result in the death, injury or failure to recover from a patient she treats. It brings into play a whole other level of liability and credibility for the nurse, who is not a legal expert, merely a public servant who has made a personal commitment to a social calling where she is attempting to do their best to heal and save those who have been injured or fallen sick before they ever see her."

Sample of Sources Used:

Ashley, Ruth C. "Understanding negligence." Critical Care Nurse 23.5 (Oct 2003): 72(2).
Giordano, Kevin. "Examining nursing malpractice: a defense attorney's perspective. (Legal Counsel)." Critical Care Nurse 23.2 (April 2003): 104(4).
Mahlmeister, Laura. "When Cost-Saving Strategies Are Unacceptable." Pediatric Nursing 22.2 (March 1996): 130(1).