There are some instances when nurses fail to perform their clinical or medical duties as outlined in their terms of practice. Such actions have an effect on the health of the patient. Clients who have new injuries or whose conditions have worsened due to nurse or physician fault may decide to sue for negligence or malpractice. Negligence refers to the failure of a nurse or physician to exercise right care as per their knowledge, training, and experience (Sykes, Evans, & Dullabh, 2017). It describes the harm that results from carelessness. A prudent person would not cause the harm in normal circumstances. The harm or injury is however not done on purpose or by intention. Malpractice is an injury that occurs as a result of negligence. It is also referred to as professional negligence (Sykes, Evans, & Dullabh, 2017). A licensed professional should offer services that match the required standards. Patients file cases of negligence and malpractice in civil courts and are awarded monetary compensation.
There are various legal suits that have been filed and settled for negligence and malpractice. In 2011, an Illinois doctor was sued by a family for malpractice after he performed a 25 th surgery on a six-year old boy that resulted in cerebral palsy and permanent brain damage (Sachdev, 2016). The injury to the child was as a result of use of unproven medical techniques. The child had been born with some difficulties that were not life-threatening. The family accused the doctor of acting negligently when he operated the child for a second time (Sachdev, 2016). Using unproven medical procedures resulted in the life of the child being threatened as a result of permanent brain damage. The doctor could have acted legally by adhering to the medical procedure recommended for treating the condition of the child.
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Another instance of malpractice involves a three year old girl who was exposed to harm four days after her birth (Weitzmann, 2016). The baby was born five weeks before her due date hence had to be admitted at an intensive care unit (ICU). She was described as healthy despite being born prematurely. However, the mother was surprised when she found her pale, weak, and lifeless four days later (Weitzmann, 2016). The feeding tube had a problem due to human error. The machine had not been calibrated appropriately and resulted in glucose overload that cause electrolyte imbalance (Weitzmann, 2016). The error prevented oxygen from reaching her head. The nurses should have checked the feeding tube to confirm that it was calibrated appropriately. They should have also frequently monitored the child in case of any error.
The third case involves a woman who suffered brain injury due to negligence by a university hospital and doctors. The patient had severe brain damage as a result of adverse reaction to an anti-coagulant, which the nurses failed to notice in good time (Cattabiani, 2016). The blood of the victim grew thin but the hospital failed to adjust the medication. They stopped testing instead stopping the administration of the drug. Three days later the lady was found comatose and had a massive bleed on the head (Cattabiani, 2016). The doctors should have tested the patient to establish her compatibility with the drug. When the problem was discovered, the doctors should have stopped the administration of heparin instead of stopping the testing.
It is important for healthcare professionals to comply with healthcare regulations. Failing to follow the regulation can lead to injury to the patient. When a family establishes that there was negligence or malpractice, they can sue the hospital and the doctors involved for damages. Complying with regulations helps to prevent harm or injury to a patient and also save the hospital from lawsuits (Jacoby & Scruth, 2017). Individuals involved in the malpractices and negligence can be sued for damages (Jacoby & Scruth, 2017). A physician or nurse risks deregistration from the governing body hence cannot practice. They may also be sacked by their employers.
References
Cattabiani, M. (2016, April 28). Robert Ross Wins Record $44.1 Million Verdict In Brain Injury Case. Rose Feller Casey. Retrieved from https://www.rossfellercasey.com/news/robert-ross-wins-record-44.1-million-verdict-in-brain-injury-case/
Jacoby, S. R., & Scruth, E. A. (2017). Negligence and the Nurse: The Value of the Code of Ethics for Nurses. Clinical Nurse Specialist , 31 (4), 183-185.
Sachdev, A. (2016, Feb. 22). $30M malpractice settlement against doctor who worked at Chicago hospitals. Chicago Tribune . Retrieved from https://www.chicagotribune.com/business/ct-rush-medical-malpractice-settlement-0223-biz-20160222-story.html
Sykes, L. M., Evans, W. G., & Dullabh, H. D. (2017). Part 14. Negligence versus Malpractice: The" Reasonable Man Rule". South African Dental Journal , 72 (9), 430-432.
Weitzmann, D. I. (2016, April 29). $20M Medical Malpractice Settlement to Family of Brain-Damaged Child. MyPhilly Lawyer Blog . Retrieved from https://www.myphillylawyer.com/2016/04/29/20m-medical-malpractice-settlement-to-family-of-brain-damaged-child/
