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What is the legal and risk management liability for the advanced practice nurse - Essay Example

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Additionally, the patient has an added advantage of being covered by an insurance company. This ensures that both the doctor and patient have been represented and…
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What is the legal and risk management liability for the advanced practice nurse
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What is the legal and risk management liability for the advanced practice nurse

For instance, before any critical operation, a patient should consent to it before it is carried out. If they are not in a position to do it, then the immediate family is given this mandate. However, there are exceptions if there is an emergency situation and there is no member of the immediate family to consult. According to O’Reilly (2009) when a medical practice fails to consider available options, a patient is entitled to compensation in any case of harm.
Additionally, medical practitioners are not allowed to act under their own jurisdiction. This means that before any crucial medical step, the management of a medical practice should also be included in the decision making. This cushions a staff member from possible prosecution in a case of an uncertainty. Grant (2011) argues that practices should be able to protect their staff from direct legal action. However, the medical practitioners should also give a chance for the management to protect them. Each medic is highly advised to have at their disposal a good legal and risk management team. In the modern day medical practice, the management provides the employees with a proper legal counsel. Marshal (2010) argues that health bodies should make this a mandatory requirement of all medical institutions so that the practitioners are well advised on matters of liability and risk management.
When a patient incident occurs, the cause of the incident should be first established. At that juncture, the cause is then analyzed on whether or not it was avoidable. If the uncertainty was avoidable then the medic in charge should be doubtful. Nevertheless, this does not mean that the medic should be prosecuted for the mistake. Neglect on the part in the part of the nurse should lead to prosecution. However, in many cases on uncertainties the organization takes responsibility of the incident rather than letting a medic be solely judged for it. ... Read More
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