Negligence And Medical Malpractice

Topic: Negligence and Medical Malpractice

INSTRUCTIONS:

A thread of at least 1,000 words in response to the provided case study threads. Each thread and reply must reference at least 3 scholarly sources and follow current APA format (including both in-text citations and a reference list). You must also support each thread and reply with thoughtful analysis (considering assumptions, analyzing implications, and comparing/contrasting concepts and include thorough biblical worldview integration

View the assigned Healthcare Law LearnScape interactive episode in the Jones & Bartlett website (DB2 LearnScape Case Study). You will be presented with a negligence case stemming from an incident in the hospital. You must interview staff members and work with the General Counsel to determine the hospital’s liability for negligence and medical malpractice.

Prompt: Based on the information you gathered from the LearnScape video interviews, on your research, and on a biblical worldview, analyze this incident and write your recommendation to the Chief Counsel regarding negligence/malpractice liability. Directly address the 4 elements required to prove negligence:

1.       Duty to care

2.       Breach of duty

3.       Injury

4.       Causation (specifically foreseeability)

Evidence-Based Practice Challenges

Nurses have completed many studies about the use of research in practice, including research on barriers to EBP. Studies on EBP barriers, conducted in several countries, have yielded similar results about constraints on clinical nurses. Most barriers fall into one of three categories: (1) quality and nature of the research, (2) characteristics of nurses, and (3) organizational factors.

With regard to the research, one problem is the limited availability of high-quality research evidence for some practice areas. There remains an ongoing need for research that directly addresses pressing clinical problems, for replication of studies in a range of settings, and for greater collaboration between researchers and clinicians. Another issue is that nurse researchers need to improve their ability to communicate evidence, and the clinical implications of evidence, to practicing nurses.

Nurses’ attitudes and education are also potential barriers to EBP. Studies have found that some nurses do not value or know much about research, and others simply resist change. Fortunately, many nurses do value research and want to be involved in research-related activities. Nevertheless, many nurses do not know how to access research evidence and do not possess the skills to critically evaluate research findings—and even those who do may not know how to effectively incorporate research evidence into clinical decision making. Among nurses in non-English-speaking countries, another impediment is that most research evidence is reported in English.

Finally, many of the challenges to using research in practice are organizational. “Unit culture” can undermine research use, and administrative and other organizational barriers also play a major role. Although many organizations support the idea of EBP in theory, they do not always provide the necessary supports in terms of staff release time and availability of resources. Nurses’ time constraints are a crucial deterrent to the use of evidence at the bedside. Strong leadership in health care organizations is essential to making evidence-based practice happen.