Clinical challenges for the NP
- The laws of each State differ about roles of Nurse Practitioner.
- The differences have an impact on the nursing scope of practice.
- It is essential to be updated with the laws of the state of practice to provide appropriate care to the patients.
- The power Point presentation defines the legal implications for the standard of care and components of malpractice policy based on a case study.
Case Study Summary
- The case study regards patient and professional relationships.
- Jenifer is a 45-year-old Caucasian, who returned to the clinic for a refill of her hydrocodone.
- She had a diagnosis of Ovarian Cancer that was successfully removed and treated.
- She wanted to discuss how to file a lawsuit against a surgeon who initially turned her away during her previous visit to the facility.
Legal implications for standard of care about the case study
- Care providers are obliged to treat their patients and not turn them away.
- Physicians have a legal duty to provide a particular standard of care to the patients in attending, diagnosing, referring, and instructing.
- A breach of the duty of care that may result in an injury to the patient subjects the physician to be found guilty of negligence.
- From the case selected, the surgeon refused to treat the patient citing poor diet which is a form of medical treatment denial.
- The law prohibits the public and private hospitals from denying a patient care, especially for emergency cases.
- A patient can file a lawsuit against a practitioner for negligence and failure to adhere to a standard of clinical practice.
- The care provider may be found guilty of professional misconduct or a medical license revoked for denial of service.
Key components of malpractice policy related to the case study
- From the case study, the surgeon is liable for malpractice due to the denial of care to the patient.
- The components applicable to the case are a duty, and breach of duty.
- For the duty, the surgeon owed to provide care to the patient.
- He ought to provide a safe environment and initiate treatment to the patient as desired.
- The surgeon declined to assess the condition of the patient despite having a duty to perform.
- For the breach of duty, the surgeon owed a duty to the patient of providing the appropriate care.
- However, the surgeon did not treat the patient as desired and instead turned her away on unjustified claims.
- It would be appropriate to assess the patient according to the signs and symptoms presented other than turning her away.
- Medical malpractice is a professional negligence that is likely to cause damage to a patient under care.
- Medical malpractice can be filed as a lawsuit by the affected patient.
Maryland State Rules for NP practice regarding the case study
- Maryland State identifies the patient rights and the rules of conduct for the nurse practitioners.
- The patients that seek care have a right to a screening exam regardless of their ability to pay and should not be turned away.
- The State exercises the Emergency Medical Treatment and Active Labor Act (EMTALA) laws in the U.S
- According to the laws, a violation by the Nurse practitioner may result in fines or jail terms.
- The American Medical Association defines the doctor-patient relationship, and its fundamental elements are outlined in the code of medical ethics.
- The nurse practitioner ought to adhere to the collaborative agreements with the patient at the point of care.
- Patients have a legal obligation to receive care as desired and in appropriate environmental settings.
- The role of a nurse practitioner is to offer the required care to the patient and enhance the quality of life.
- However, they ought to practice within the set guidelines of their State jurisdictions.
- A violation of the practices subjects them to legal implications.
- It is essential for NP to remain updated of their expected conduct in clinical practice.
- Buppert, C. (2015).Negligence and malpractice. In Nurse practitioner’s business practice and legal guide (5th ed.) (271-284). Burlington, MA: Jones & Bartlett.
- Miller, K. P. (2013). The national practitioner data bank: An annual update. The Journal for Nurse Practitioners, (9)9, 576-580. doi:10.1016/j.nurpra.2013.06.013.
- Stelmach, E. I. (2015). Dismissal of the non compliant patient: Is this what we have come to? The Journal for Nurse Practitioners, 11(7), 723-725.
- Watson, E. (2014). Nursing malpractice: Costs, trends, and issues. Journal of Legal Nurse Consulting, 25(1), 26-31