Malpractice Manual draft 2 - Team A Malpractice Manual University of Phoenix TEAM A 1 John Banzali Kelly Mclaughlin Melissa Barnes Nicole L HCS\/545

Malpractice Manual draft 2 - Team A Malpractice Manual...

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TEAM A – 1 Team A Malpractice Manual University of Phoenix John Banzali, Kelly Mclaughlin, Melissa Barnes, Nicole L, & HCS/545 Donna Lupinacci
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Table of Contents I. Impact of Malpractice ............................................................. 3-4 II. Malrpractice Cases ................................................................. 4-5 III. Process for Adverse Medical events ............................................. 5-7 IV. Legal Requirements of Healthcare Reform ..................................... 7-9 V. Strategies to Avoid Malpractice…...…… ……………… ……… ………… 9- 10 TEAM A – 2
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Impact of Malpractice Medical malpractice is when a health care provider, doctor, nurse, pharmacists, or any other health care employee fails to care for a patient competently and the patient harmed. According to Medical News Today, the United States 15,000- 19,000 medical malpractice lawsuits filed yearly (Nordqvist, 2017). While this may seem high, you must think about the broader spectrum and the about of care provided. Several elements go into determining whether malpractice has occurred: was there a failure to provide the proper standard of care occurred, was there and injury and was the injury resulted from negligence, and lastly did the damage have destructive consequences (Nordqvist, 2017). For a lawsuit of malpractice to be considered, there must be proven negligence and injury in which the negligence caused harm. Once a malpractice is determined there are steps or phases that the health care provider must take to address and ready himself for what is to come. Phase one is the notice period (Berry, 2001). During this time, the physician or health care provider served with a letter stating the filing of a complaint. The notice itself does not require action but is instead a heads up. Also, during this phase, the patient's chart must be pulled, and discussions with a lawyer can take place. Phase two is the preparing stage and begins once the health care provider receives notice from the court of a filing (Berry, 2001). Stage two is the gathering of information and the building of case files in the chance a settlement cannot be reached. It is also at this phase; there is an attempt at mediation and resolution. If no resolution is reached, then the lawsuit moves into phase three, the final phase, the trial (Berry, 2001). It is more common that lawsuits of malpractice are settled outside of the test period. The impact of malpractice is evident. It's damaging to the reputation of the health care provider and the organization for which he works. It causes harm to the patient who violates the Hippocratic oath of healthcare. Malpractice also has financial implications for the organization and the individual provider. When a lawsuit is filed, the health care organization must notify their insurance carrier, which will ultimately cause their rates to increase whether the case goes to trial or not. The provider must deal with the financial burdens of court costs and fees. If things do not end for the defendant, then the loss of job and license are possible as well. The impacts of malpractice are far more reaching than the initial damaged caused to the patient.
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