Role of Adherence to the Standard Of Care

Standards of Care on Nursing

Standards of care in nursing are the basic principles and activities a nurse should carry out throughout the profession. A standard is a set practice or guideline in a given organization to monitor the quality of services provided. In nursing, these guidelines are based on academic, administrative and clinical experts’ contribution (HG Org).

The standard of care helps in establishing the main role of a nurse by directing and guiding him or her to excellence level in the profession. In addition, it helps the nurse to learn the expectations of the profession and also enhance competence among nurses since they can comfortably evaluate each other. It also provides a nurse with necessary information consequently providing consistency in the profession hence quality care is provided to the patient. (HG Org).

Legal Implication

When a nurse does not conform to the accepted guidelines and duties stipulated in the profession this may result in danger to the life of patients. In such a case the nurse is accused of negligence in a court of   law. This is also known as medical malpractice.

Medical malpractice happens in many instances such as; improper drug administration, carelessness in handling monitoring equipment, failure to inform or protect patients on potential danger or harm, failure to submit assessment reports of patient’s condition to the concerned doctor or even failing to comply with the states rules regulating the nursing profession for instance by delegating duties to unlicensed people which may cause to death of patient of even permanent impairment (HG Org, 2017).

Elements of Malpractice

1. Duty

Duty is the service a nurse owes the patient .It includes provision of safe environment and also proper interpretation and following orders from the physician regarding the patient. It also involves a favorable nurse-patient relationship (Morales, 2012).

2. Breach of Duty

These are actions or omissions by a nurse in the line of duty causing harm to a patient both physically and emotionally. For instance, a nurse may have failed to provide a safe environment for a patient by lowering a bed and consequently a patient falls of and breaks his/her leg (Morales, 2012).

3. Damage 

This is caused by breach of duty. It results in loss of monetary resources, emotional and physical pain. In a court of law it amounts to the money lost in hospital bills, transportation fee among others which a patient will be compensated (Johnson, 2015).

4. Causation 

This is the primary cause of the injury to happen without which it would not have occurred. This means that a nurse’s action or failure to act directly caused the harm. For example, the failure of a nurse to lower a patient’s bed caused the patient to break his/her leg. (Morales, 2012)

Differences in Malpractice Policy Options

1. Occurrence Policy

It covers insured events occurring during a policy period. It is the widest mode of coverage since it covers events without considering the length of time taken to notify insurance company. In addition it is very expensive to the policy holder and also puts the insurer at a high risk. The policy is not offered to medical practitioners since claims can be made years after the policy period has expired (American Academy of Actuaries, 2008).

2. Claims-made Policy

It covers any insured claims on or after the specified date also known as the retroactive date but within a policy period. When it happens on the retroactive date it’s referred to as a first year claim made and is often cheaper. They are the most common form of insurance policies with medical practitioners since it covers many years but within the retroactive date and the policy period (American Academy of Actuaries, 2008).

References

American Academy of Actuaries (2008). Types of Medical Malpractice Insurance Policies.  Retrieved 25 February 2017, from http://www.actuary.org/pdf/casualty/medmal_fact_march08.pdf

Johnson, B. (2015). The three key elements in a medical malpractice case. personal injury law. Retrieved from Retrieved 25 February 2017, from http://file:///C:/Users/User/Downloads/Four%20Elements%20Medical%20Malpractice%20_%20G%20Eric%20Nielson%20and%20Associates%20_.html

Morales, K. (2012). The four elements of medical malpractice in nursing. Retrieved 25 February 2017, from nursetogether.com. 

Nelson, G. (2017). Four elements medical malpractice. Retrieved 25 February 2017, from http://file:///C:/Users/User/Downloads/Four%20Elements%20Medical%20Malpractice%20_%20G%20Eric%20Nielson%20and%20Associates%20_.htmlHG.org (n.d.). standards of care in nursing. HG.ORG. Retrieved 25 February 2017, from http://file:///C:/Users/User/Downloads/2222.html