Recognizing the Role of Adhering to the Standard of Care
When providing health care, there are standards of care which a reasonably prudent provider should follow. Providers at all levels are held to these standards of care. Failure to provide competent care to your patients will put you at risk for malpractice. Remaining current with the evidenced-based guidelines and providing optimal care will minimize the risk of liability.
Create a PowerPoint presentation that explains any legal implications that exist for failure to adhere to a standard of care, the key elements of malpractice, and compare the differences in malpractice policy options. APA FORMAT WITH REFERENCES
To prepare:
- Consider the importance of using professional resources such as the National Guideline Clearinghouse to guide care delivered
Create a PowerPoint presentation no more than 15 slides in length that addresses the following:
- Identify and explain any legal implications that exist for failure to adhere to a standard of care
- Identify and explain the key elements of malpractice
- Compare the differences in malpractice policy options
References
Required Readings
Agency for Healthcare Research and Quality (2016). National Guideline Clearinghouse. Retrieved from http://www.guidelines.gov
Buppert, C. (2018). Nurse practitioner’s business practice and legal guide (6th ed.). Sudbury, MA: Bartlett & Jones Learning.
- Chapter 8, “Risk Management”
Jordan, L. M., Quraishi, J. A., & Liao, J. (2013). The National Practitioner Data Bank and CRNA Anesthesia-Related Malpractice Payments. American Association of Nurse Anesthetists Journal, 81(3), 178-182.
Miller, K. P. (2013). The National Practitioner Data Bank: An Annual Update. The Journal for Nurse Practitioners, (9)9, 576-580.
Stelmach, E. I. (2015). Dismissal of the Noncompliant 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.
Westrick, Susan J., & Jacob, N. (2016). Disclosure of Errors and Apology: Law and Ethics. The Journal for Nurse Practitioners, 12(2), 120-126.
Optional Resources
Buppert, C. (2016). Carolyn Buppert-Specialist in Legal and Reimbursement Issues for Nurse Practitioners and Physicians.
Goodwin, B. (2016). You’ve Been Sued for Malpractice: What Happens Next? Urology Times.
Kreimer, S. (2015). Avoiding an EHR-Related Malpractice Suit. Contemporary OB/GYN, December, 39-42.
Expert Solution Preview
Introduction:
As a medical professor teaching college students, it is essential to provide assignments and evaluate student performance to ensure that they are practicing the correct standards of care. This assignment requires creating a PowerPoint presentation on the legal implications of failure to adhere to the standard of care, key elements of malpractice, and differences in malpractice policy options.
Answer:
The failure to adhere to the standard of care that a reasonably prudent provider should follow can lead to legal implications. Failure can result in malpractice since patients have the right to expect competent care from their providers. A malpractice claim has several key elements that must be present to prove professional negligence. They include a duty to provide reasonable care, failure to comply with the duty, harm suffered by the client, and causation linking the breach of duty and the harm.
Malpractice policy options vary depending on the profession and the setting of the practice. There are two types of policies: occurrence and claims-made liability. The occurrence policy covers the practices that occurred during the specified time of the policy period, regardless of when the claim is made. Whereas claims-made liability policy covers the practices that occurred during the policy period and when the claim was made.
In conclusion, maintaining competency, providing optimal care, and adhering to the standard of care would minimize the risk of malpractice claims. Understanding the legal implications of failure to adhere to the standard of care, the key elements of malpractice and the differences in malpractice policy options are essential for healthcare providers.
