NURS3375 Health Policy & Legal Aspects: Reflective Questions and Malpractice – Module 5 Assignment Solution

Reflective Questions and Malpractice

According to the American Nurses Association, Standard 15- “the nurse is required to evaluate his or her own practice in relation to professional practice, standards, guidelines, relevant statutes, rules, regulations, organizational policies, and procedures.” Examples of competencies related to this standard include self-reflection and self-evaluation to identify areas of professional growth. In Part 1 of this assignment, you are asked to reflect on two specific key points for the course.

Then, in Part 2, you will read a fictitious scenario and identify pertinent facts that pose risks for malpractice claims. Each year, nurses make themselves vulnerable for potential malpractice claims because they are not well-informed about malpractice elements. It is imperative you understand malpractice rules, regulations and facts to protect your nursing license.

Performance Objectives:

• Understand the benefits of reflection in professional practice.
• Incorporate ANA Standard 15 into the writing assignment.
• Recognize the importance of BON Rules and Legal protections and its impact on the nursing profession.
• Synthesis of module topics into professional growth.
• Malpractice implications for nursing.
• Apply the four elements of a malpractice claim to specific incidents.

Key points:

1). What did you take away from the course?

2). Describe a TX BON Rule or legal topic. Choose one from the table below. Explain the implication it has on the nursing profession.

Topics to choose from-Reflective Questions and Malpractice

• 217.11 Standards of Practice
• 217.12 Unprofessional Conduct
• 217.16 Minor Incident
• 217.19 Incident Based Peer Review and Whistleblower Protections
• 217.20 Safe Harbor
• 217.13 Peer Assistance Program
• Policy and advocacy
• Investigation and discipline
• Boundaries and social media
• Staffing
• Nurse fatigue
• Texas Peer Assistance Program for Nursing (TPAPN)
• Legal duty to the patient
• Malpractice

Part 1: Reflecting on Course Material

Reflective Questions- type directly into this text box. Five professionally written sentences required for full credit for each Key Point.

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Key Point 1:

What did you take away from this course?

Key Point 2:Explain the topic chosen from the table and its implication for the nursing profession.

Topic Chosen: Reflective Questions and Malpractice

Implications:

Part 2: Potential Malpractice Claim

Read this scenario. Decide if the situation presents potential elements of malpractice.

Nurse A was assigned to Mr. Jones, a post-surgical patient on the Medical-Surgical floor, who had been doing well on the day shift.  Nurse A was working a 7:00 P.M. to 7:00 A.M. shift.  (Dr. Grumpy, Mr. Jones’s treating physician, had screamed at Nurse A last month when Nurse A called him at 3:00 A.M. to report a change in status of another of Dr. Grumpy’s patients.)

During this shift, Nurse A became uneasy about the status of Mr. Jones, which reflected a substantial change in blood pressure and pulse, but Nurse A did not call Dr. Grumpy, choosing instead to “watch” the situation.  At approximately 5:00 A.M., Mr. Jones had to be rushed to emergency surgery with internal bleeding.  Now, 1½ years later, Mr. Jones has not recovered from the second surgery.

List the 4 elements of a malpractice claim and, for each of the 4 elements, state the facts in the scenario support that specific element. All 4 elements and 4 corresponding facts must be stated for full credit.

Elements of Malpractice Claim   Pertinent Facts

1)

2)

3)

4)