Vila Health Malpractice Advisory Report
Introduction
HRM FPX 5401 Assessment 4 This advisory report seeks to offer Vila Health advice on how to prevent medical malpractice and respond in case an event happens. Medical malpractice refers to any action or omission of a doctor during treatment that deviates from the accepted norms of practice of the medical fraternity, resulting in harm to the patient (Bal, 2009). To reduce the likelihood of malpractice litigation, Vila Health must have a carefully designed strategy that includes safety and risk control measures, open communication, continuous monitoring, and support for a culture of safety. With these steps, Vila Health is able to enhance patient safety, reduce the risk of malpractice claims, and manage legal issues more effectively.
Summary of Researched Malpractice Cases
Two Different Medical Staff Roles Resulting in Litigation of Malpractice.
Surgeon Malpractice:
The specialty of spinal neurosurgery is litigiously at risk due to the delicate nature of the conditions being treated, the necessity for instrumentation adjacent to critical neurovascular structures, and the delicacy of the spinal cord and nerve roots (Zachary et al., 2020). Reports indicate that up to 20% of active neurosurgeons in the United States are exposed to medical malpractice litigation on an annual basis. The average indemnity paid on closed neurosurgical civil cases is $439,146, the highest in all medical specialties (Collin & Anastasios, 2020).
One high-profile case involved a Philadelphia neurosurgeon who performed decompression surgery without first obtaining the necessary radiology tests, which resulted in permanent damage to the patient. The surgeon failed to order flexion/extension x-rays, which would have revealed the patient’s unstable spondylolisthesis. This failure resulted in three additional surgeries and left the patient with an unstable spine. The patient eventually sought out another doctor to correct the first surgeon’s mistakes (Feldman, n.d.).
HRM FPX 5401 Assessment 4 Malpractice: Advisory Report
The key issue in this case was a lack of preparation and a lack of maintaining the proper standard of care. These errors can be avoided if surgeons receive proper training, follow established procedures, and carry out procedures in line with medical standards. The policies, practices, and systems that were in place would most likely have resulted in suboptimal preoperative evaluation and planning, which in turn led to ethical errors.
Prior to the procedure, the medical staff did not conduct a systematic assessment of the patient, which is the process of collecting and analyzing systematically patient-specific information needed in the creation of a proper care and treatment plan. Inadequate assessments lead to misdiagnosis and, ultimately, patient injury (Pozgar, 2020). Failure to order the required x-rays not only had legal consequences but also cost the physician and the hospital a $2 million settlement.
Nurse Malpractice:
When nurses are involved in medical malpractice or negligence, the allegations are most often due to their actions or inactions. Case studies indicate that approximately 18% of the closed medical lawsuits from 2018 to 2021 were against registered nurses (RNs), licensed practical nurses (LPNs), nursing assistants, and nursing students. Some of the typical charges include neglect in monitoring patients, medication errors, patient falls, and pressure injuries (Morris, 2023). A specific example was a nurse who administered medication to a patient complaining of pain three times without checking the vital signs of the patient.
By the fourth time, the patient’s situation had worsened significantly. When the vital signs were monitored, the nurse discovered that the temperature of the patient had dropped to 95.8°F. The patient was cyanotic, apneic, and without a pulse at this point. A code was initiated, and CPR was initiated. The CPR team successfully resuscitated the patient with epinephrine, but the patient was comatose for two weeks in the ICU. Subsequent MRIs established brain damage due to oxygen deficiency, resulting in permanent and severe cardiopulmonary arrest and hypoxic brain injury (Pozgar, 2020).
Contributing Factors to Negligent Nursing Care
HRM FPX 5401 Assessment 4 The policies, practices, and systems that exist likely contributed significantly to the failure to monitor the patient properly, including failure to recognize signs of distress and failure to respond appropriately to attend with a proper level of care. The resulting substandard nursing care is defined as neglect where a nurse is unable to meet minimum standards of behavior in terms of obligations owed that equate to causation of harm or loss. Negligence may arise from failure to perform a nursing duty or from performing a nursing task in an unsuitable way (Faubion, n.d.).
The measurement of vital signs is a crucial part of acute clinical practice, the most basic yet most fundamental data collected on patients who are admitted to hospital. Omission to measure these signs undermines patient safety as clinical decline might go undetected or be detected too late for effective medical treatment (Endacott, 2022). Being unable to adhere to established policies and procedures to take vital signs had wide-reaching repercussions for both the nurse and the hospital in terms of having to pay out $9 million to the patient.
Recommendations to Avoid Future Litigation
Healthcare facilities continually encounter several internal and external threats. As a result, Human Resources (HR) comes up with and implements strategies aimed at preventing and reducing the risk of occurrence and adverse events which may result in harm to the organization and employees (Society for Human Resource Management, 2018). HR practitioners in healthcare are responsible for making sure that the organization and its employees comply with numerous safety, privacy, training, and regulatory policies. In order to prevent litigation proactively, HR needs to make sure that the organization complies with a variety of laws applicable to the healthcare sector.
In the United States, they include the Health Insurance Portability and Accountability Act (HIPAA), which protects patient data; the Emergency Medical Treatment and Labor Act (EMTALA), which mandates that hospitals treat all patients presenting at an emergency room regardless of their ability to pay; the Patient Safety and Quality Improvement Act (PSQIA), which protects healthcare providers who report medical errors and unsafe practice; and the Health Information Technology for Economic and Clinical Health Act (HITECH), which promotes the use of technology to enhance the quality, safety, and efficiency of care. By following the required policies for treatments and protocols, healthcare providers can significantly reduce risks of future litigation.
Benefits to the Organization and Patients
Implementing these best practices would benefit the organization with a plethora of benefits as well as its patients. Being effective and effective in communication is one of the most significant ingredients in preventing allegations of malpractice, and that is having a good doctor-patient relationship. This approach helps in building patient trust, hence limiting exposure to malpractice litigation and its associated costs, protecting the organization’s reputation, and ensuring financial viability. For the patients, this translates into a better quality of care and eliminates the possibility of medical errors. By creating sound doctor-patient relationships and preparing adequately for every patient’s specific needs and concerns, the organization can minimize malpractice risks and enhance patient satisfaction.
Ethical and Legal Considerations
The proposed approach is ethical and legal in nature. Operating on a compliance model encourages thorough screening, ongoing training, and effective communication, resulting in a culture of safety and sense of responsibility. The legal aspect is formalized by law, rules, and regulations that require compliance. Implementing the requirements compels the organization to behave ethically by making choices in accordance with its core values. By taking these into consideration, the organization legally behaves to prevent potential malpractice cases and stay within healthcare compliance. In short, preventing or minimizing medical negligence suits can be achieved by making the patient satisfied, adhering to set policies and procedures, designing patient-focused care, and understanding how to defend against malpractice suits (Collin & Anastasios, 2020).
References
Bal, B. S. (2009, February). An Introduction to Medical Malpractice in the United States. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2628513/#:~:text=Medical%20 malpractice%20is%20undefined%20 as,that%20deals%20with%20professional%20 negligence.
Collin, J. L., & Roumeliotis, A. G. (2020, November). Overview of medical malpractice in neurosurgery. Retrieved from National Library of Medicine: https://pubmed.ncbi.nlm.nih.gov/33130621/#:~:text=Annually%2C%2020%25%20of%20all%20 practicing,highest%20of%20all%20medical%20 specialties.
Endacott, M. E. (2022, August 10). The clinical neglect of vital signs’ assessment: an emerging patient safety issue? Retrieved from https://www.tandfonline.com/doi/full/10.1080/10376178.2022.2109494
Faubion, D. (n.d.). 20 Most Common Examples of Negligence in Nursing + How to Prevent Them. Retrieved from https://www.nursejournal.org/articles/can-a-nurse-be-sued-for-malpractice/#:~:text=The%20review%20of%20medical%20 malpractice,death%2049%25%20of%20the%20time.
HRM FPX 5401 Assessment 4 Malpractice: Advisory Report
Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig LLP. (n.d.). $2 Million Spinal Surgery Case Against Neurosurgeon and Hospital Settles. Retrieved from https://feldmanshepherd.com/results/2-million-spinal-surgery-case-against-neurosurgeon-and-hospital-settles/
HRM FPX 5401 Assessment 4 Malpractice: Advisory Report
Be Sued for Malpractice? Retrieved from https://nursejournal.org/articles/can-a-nurse-be-sued-for-malpractice/#:~:text=The%20review%20of%20medical%20 malpractice,death%2049%25%20of%20the%20time.
