Malpractice Liability for Nurses: Are You at Risk?
Despite the fact that nursing malpractice claims are on the rise, nurses often are unaware of practices that may leave them open to such claims. Every nurse should know the risks of malpractice liability and how to avoid them.
Malpractice is also known as professional negligence and stems from failing to follow the standard of care for your practice. This course will discuss where to find the standard of care and how to be sure that your practice meets that standard. It will also discuss the elements of a malpractice claim, that is, those criteria needed for a claim of malpractice.
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In addition, some actual malpractice cases will be discussed, along with the lessons to be learned from them. Finally, some important tips on protecting yourself as a practicing nurse will be given.
Objectives
Upon completion of this course, the participant will be able to:
- Define malpractice in legal terms.
- Discuss the four elements needed to justify a malpractice claim.
- Give examples of where to find the standard of care for your practice.
- Distinguish between actual causation and legal causation.
- Discuss the lessons to be learned from actual cases of nursing malpractice.
- List ways to protect oneself from malpractice liability claims.
Curriculum
Chapter 1: Malpractice Defined
- Tort, not criminal law
- Types of torts
- Malpractice is professional negligence
Chapter 2: Elements of Malpractice
- Duty
- Breach of duty
- Injury
- Causation
Chapter 3: Liability of Managers and Supervisors
Chapter 4: Hospital Liability
- Respondeat superior: Liability for actions of employees
- Non-delegable duty to ensure the patient safety
- Independent duties
Chapter 5: Defenses to Malpractice Claims
- Statute of limitations expired
- Contributory negligence
Chapter 6: Examples of Malpractice Cases Involving Nurses
- Darling v. Charleston Community Memorial Hospital
- Nahid Lahiji v. Providence Little Co of Mary Medical Center-Torrance, John Flynn RN, and Roman Culjat MD
Chapter 7: Protect Yourself
Chapter 8: References
Price: $10.00
Contact Hour: 1
Course Author
