Nurses & Malpractice Lawsuits Introduction 1 The

Nurses must recognize that the relationship between hospitals and their employees is undergoing a fundamental change in terms of legal accountability. Although the doctrine of respondeat superior, in which the employer is responsible for the actions of the employee, is still used by most courts, increasingly, hospitals and their insurance carriers are seeking damages from negligent employees: "The paternalistic attitudes of the past, in which the physician and the hospital willingly accepted all responsibility--including that of the nurse--without seeking compensation from the employee are no longer the norm." Federal healthcare employees face different liability issues than their private sector counterparts. Generally, federal employees cannot be sued individually for malpractice if an employee-employer relationship is clearly established. In this relationship, the employer has the right to control the actions of the employee. Some professionals who provide healthcare services to the g

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ct is seldom sufficiently egregious to give rise to a claim for punitive damages even where there are grave errors in judgment or practice." Punitive damages are usually based on aggravating circumstances in which misrepresentation, gross negligence, or malice is present. Although rare, punitive awards can range into the millions of dollars. Such damages are generally not covered by insurance policies. Administration of Drugs Medication errors are a frequent cause of lawsuits. The complexity of modern medicine is a contributing factor: "Nurses are required to know the indications, usage, accepted dosage, contraindications and interactions of various drugs." Medications must be administered in the manner prescribed by the attending physician. The following table lists the common malpractice complaints involving the improper administration of medication: Common Complaints Involving Administration of Drugs *Administration without prescription *The wrong medication *The wrong dosage *Negligent injection *The wrong route *Failure to note an order change *Failure to administer medication *Failure to discontinue medication *Using an unsterile needle *The wrong patient *Allergic reactions
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Approximate Word count = 3843
Approximate Pages = 15 (250 words per page)

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