41st Annual Mock Trial
November 4, 2019
Presented For: Registered Nurses, Licensed Vocational Nurses, Student Nurses, Medical Students, Law Students and Health Related Professionals.
Malpractice: Nursing Negligence
Nancy Roper Willson RN, JD, MA, MSN, Attorney at Law
Negligence in a malpractice context could be defined as: Failing to do what a reasonable and prudent nurse would do in the same or similar circumstance, or doing something that a reasonable and prudent nurse would not do.
Four Elements of a Malpractice Claim
1. The Nurse owes a duty to the patient (Lunsford case)
2. The Nurse breached the duty/ Failed to conform to the Standard of Care
3. The Patient suffered an actual injury
4. There was a causal connection between the Nurse's conduct and the injury
Standards of Care
For the judge to determine whether the care that was given was legally adequate, the standards of care of a profession are utilized. Standards of care are established through the state's Nurse Practice Act, a facilities policies and procedures and the ANA Standards of Practice
Five Most Frequent Allegations
1. Failure to ensure patient safety
2. Improper treatment or improper performance of treatment
3. Failure to monitor and report
4. Medication errors
5. Failure to follow facility's policy and procedure
Three ways Nurses Participate in Malpractice Cases
1. Fact witness
2. Expert Witness
How can you Protect yourself?
· Know the Texas Nursing Practice Act, Board Of Nursing’s Rules and Regulations. and specific laws
· Professional Competency
· Professional Liability Insurance (Lawyer, Damages, Bond for Appeal)
· Knowledge of Safe Harbor Protections
· Knowledge of Delegation Rule 224/225
THE CASE: RN discharges a newly diagnosed diabetic patient. Teaching completed by diabetic education team the day before discharge. Patient readmitted to ER 22 hours later unresponsive. Family blames nurse for inadequate discharge teaching resulting in permanent harm. Attend TNA, D-4’s Mock Trial and serve as a member of the “jury”.
TICKET PRICES ALL TICKETS ARE NON-REFUNDABLE
Full-time Undergraduate Students….................…..$35.00*
Texas Nurses Association Member………………....$50.00
All Other Non-Members……………………………….$70.00
*Licensed nurses wishing to receive CNE contact hours must register as a member or non-member.
If available, at the door registration will be an additional $10.00 over the pre-event registration price.
LUNCH IS ON YOUR OWN
TNA, District 4 provides 6.0 contact hours for successful completion of this educational activity.
TNA, District 4 is an approved provider of continuing nursing education by the Texas Nurses Association - Approver, an accredited approver with distinction by the American Nurses Credentialing Center’s Commission on Accreditation.