HRM FPX 5401 Assessment 4 Malpractice: Advisory Report

Student Name

Capella University

HRM-FPX5401 The Legal, Ethical, and Regulatory Environment of Health Care

Prof. Name

Date

Vila Health Malpractice Advisory Report

Introduction

This advisory report aims to provide guidance for Vila Health on avoiding medical malpractice and responding effectively if such a situation arises. Medical malpractice is defined as any act or omission by a physician during treatment that deviates from accepted norms of practice in the medical community and causes injury to the patient (Bal, 2009). To prevent malpractice cases, Vila Health must implement a robust strategy that includes executing safety and risk control protocols, maintaining communication, and surveillance, and fostering a safety-focused culture. By adhering to these steps, Vila Health can enhance security, reduce malpractice claims, and manage legal matters more effectively.

Summary of Researched Malpractice Cases

Two Different Medical Staff Roles Resulting in Litigation of Malpractice

Surgeon Malpractice:

The practice of spinal neurosurgery involves a high inherent risk of litigation due to the nature of conditions being treated, the need for instrumentation often placed near critical neurovascular structures, and the unforgiving nature of the spinal cord and nerve roots (Zachary et al., 2020). Analysis shows that annually, 20% of all practicing neurosurgeons in the United States face medical malpractice litigation. The average indemnity paid in a closed neurosurgical civil claim is $439,146, the highest of all medical specialties (Collin & Anastasios, 2020). One instance involved a surgery performed by a Philadelphia neurosurgeon, where a patient suffered permanent injuries due to negligence in proceeding with decompression neurosurgery without properly obtaining necessary radiology testing beforehand. The surgeon should have obtained flexion/extension x-rays, which would have revealed the patient’s unstable spondylolisthesis. The recklessness resulted in three surgeries and left the patient in an unfused state and with an unstable spine. The patient eventually went to a new doctor who corrected the errors made by the first neurosurgeon (Feldman, n.d.).

The main cause was a lack of preparation and a failure to follow the appropriate standard of care. A surgeon can avoid this mistake by undergoing proper training, following protocol, and executing the procedure according to medical standards of care. The practices, policies, and systems in place in this malpractice case likely contributed to poor preoperative planning and assessment, resulting in ethical failures. Before the procedure, the medical staff failed to perform a patient assessment, which involves the systematic collection and analysis of patient-specific data necessary to determine a patient’s care and treatment plan. Cursory and negligent assessments can lead to a misdiagnosis of the patient’s health problems and, consequently, patient injury (Pozgar, 2020). The failure to order the required set of x-rays was legally risky and cost the physician and the hospital $2 million in settlement.

Nurse Malpractice

In the case of a nurse being sued for medical malpractice or negligence, it is based on their actions or inaction. Case studies show that roughly 18% of closed medical lawsuits from 2018 to 2021 included registered nurses (RNs), licensed practical nurses (LPNs), nursing assistants, and nursing students. These allegations include lack of patient monitoring, medication errors, patient falls, or pressure injuries (Morris, 2023). One case involved a nurse administering medication three times to a patient complaining of pain but failing to check vital signs. By the fourth time the assigned nurse checked on the patient, their condition had worsened. The nurse checked the patient’s vital signs and found the temperature had fallen to 95.8F. By this time, the patient was cyanotic, had stopped breathing, and had no pulse. A code was called, and CPR was initiated. The CPR team revived the patient by administering epinephrine. The patient spent two weeks in ICU in a comatose state. While in a rehabilitation center, the patient had MRIs that showed evidence of brain damage due to a lack of oxygen. The patient’s current condition is cardiopulmonary arrest and hypoxic brain damage, which is permanent and severe (Pozgar, 2020).

The practices, policies, and systems in place in this case likely contributed to the failure to monitor the patient properly by observing for signs of trouble and not responding in a timely manner to provide reasonable quality of care. This failure resulted in negligent nursing care, which is when a nurse fails to perform minimum nursing care within designated standards of conduct, resulting in harm or loss. Negligence can result from failure to perform a nursing duty or may result when a nursing task is done incorrectly (Faubion, n.d.). Vital signs assessment is a critical component of acute clinical care. It is the simplest and probably the most important data gathered on hospitalized patients. Failure to assess these signs puts patients at risk, as their clinical deterioration might not be detected or recognized far too late for medical intervention to be effective (Endacott, 2022). The failure to follow the policies and procedures with taking vital signs and closely monitoring the patient resulted in severe consequences for the nurse and the affiliated hospital, awarding the patient a settlement of $9 million.

Recommendations to Avoid Future Litigation

Organizations constantly face a variety of internal and external risks. In response, HR develops and implements strategies to prevent and reduce the occurrence of risks and adverse events, and to minimize associated harm to the organization and its employees (Society for Human Resource Management, 2018). As HR professionals in healthcare, it is their responsibility to ensure that the organization and the people comply with all the many safety, privacy, training, and other policies and regulations. The best practices HR can institute to be preemptive in avoiding litigation is to ensure that the organization complies with a range of laws governing the industry.

In the US, those laws include the Health Insurance Portability and Accountability Act (HIPAA, protecting patient data), the Emergency Medical Treatment and Labor Act (EMTALA, requiring hospitals to treat anyone arriving at an emergency room regardless of their ability to pay), the Patient Safety and Quality Improvement Act (PSQIA, protecting healthcare workers who report medical errors and unsafe conditions), and the Health Information Technology for Economic and Clinical Health Act (HITECH, promoting the use of technology to improve the quality, safety, and efficiency of healthcare). If healthcare professionals follow the required policies regarding treatments and protocols, the organization is more likely to avoid future litigation.

Benefits to the Organization and Patients

Implementing these best practices would bring several benefits to both the organization and patients. Avoiding a malpractice claim requires an important element, which is building a healthy doctor-patient relationship. This requires clear and effective communication between one another. This will help earn the trust of the patients, which will reduce exposure to malpractice litigation and its associated costs, safeguard the organization’s reputation, and maintain its financial stability. For the patients, it leads to a higher standard of care and reduces the chances of medical error. Building the doctor-patient relationship and properly preparing for each individual patient’s needs and concerns will mitigate malpractice risks and keep the patient feeling safe and happy.

Ethical and Legal Considerations

The recommended approach could be considered both ethical and legal. Functioning under compliance helps emphasize thorough screening, ongoing training, and effective communication, producing a culture of safety and accountability. The legal aspect is defined by laws, rules, and regulations requiring mandatory adherence. Implementing these mandatory requirements forces the organization ethically to make good judgments and choices that reflect the company’s values. By focusing on these aspects, the organization is taking legal steps to avoid potential malpractice cases and maintain compliance with healthcare regulations. In conclusion, lawsuits for medical negligence can be minimized or avoided by taking steps to keep patients satisfied, adhering to policies and procedures, developing patient-centered care, and knowing ways of defending against malpractice judgments (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%20malpractice%20is%20defined%20as,that%20deals%20with%20professional%20negligence.

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%20practicing,highest%20of%20all%20medical%20specialties.

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%20malpractice,death%2049%25%20of%20the%20time.

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

Morris, G. (2023, March 2). Can a Nurse Be Sued for Malpractice? Retrieved from https://nursejournal.org/articles/can-a-nurse-be-sued-for-malpractice/#:~:text=The%20review%20of%20medical%20malpractice,death%2049%25%20of%20the%20time.