Introduction
Every healthcare provider is responsible for maintaining truthful and detailed documentation of their patient’s medical records. The majority of the gathered and recorded data consists of confidential information. As long as they are aware of the need to keep concise notes and know which elements of the record may be utilized in legal proceedings, nurses can document patient care in any circumstance where necessary. Initially, doctors and nurses were unaware that patients might sue them for negligence or misconduct. Consequently, they were required to seek liability coverage, just as in the preceding situation. This paper explores the factors nurses should consider before deciding on the appropriate professional liability insurance.
Analysis
Due to erroneous and insufficient clinical data, the physicians could not treat the patient’s condition. It is possible that the patient’s high fatality rate was partly caused by the lack of documentation in the admitting nurse’s examination and records. It is clear that the nursing staff was not aware of the patient’s whole medical history, and as a result, the patient did not receive the appropriate level of care. The staff members were likely unaware of the potential consequences since they could not access the patient’s entire medical history. Regardless of whether the patient had internal bleeding, the presence of a previously unreported ailment might have influenced the case’s outcome.
The nurses’ level of care for the patients was inadequate. The primary purpose of nurses and medical practitioners is to treat all patients equally and to base their care on general information to help their patients live longer lives (Guido, 2020). The nurse believed that the doctor knew the patient’s breathing pattern and was unconcerned about it. It was evidence of medical malpractice because the patient’s breathing pattern could not have changed for no apparent reason.
The nurses had the option of administering further tests to the patient to determine the problem and then recording the results alongside the previous ones. After that, they would be better positioned to find a treatment choice for the patient that would not harm her health. As soon as the nurses became aware that the patient was having difficulty breathing deeply, they may have immediately called the doctor to have him come and reassess the patient.
If it were up to me to decide this matter, I would rule that the medical professionals involved were negligent in their work and did not follow the standards established for their field. As a result, I would order the nurses on duty to face a penalty or be fire from their jobs, and I would make sure that the deceased family gets justice for their loved one.
It is vital that one pays close attention to each policy’s provisions while determining whether or not an insurance plan is appropriate for the needs to be insured. The policy’s declarations section contains the policy’s liability limits. This section includes the deductible, the named insured, and the policy’s effective date. Before the insurance company pays for any benefits, one must first pay a sum known as the deductible out of pocket. The named insured is the individual or organization covered by the insurance policy. The “effective date” is when the policy will begin to be enforced (Desrochers & François., 2019). A list of injuries or types of damage that are not covered by the policy can be found in the section under “Exclusions.” It is critical to thoroughly study this policy section to ensure that the coverage sought is not excluded.
The insurance provider retains the right to refuse coverage or terminate the policy, according to the clause titled “Reservation of Rights.” This provision protects the insurance company from legal action if the policy is canceled or the policyholder fails to meet the standards set in the policy. The “covered injuries” section lists the various forms of damage or injuries covered by the policy. According to the policy’s “defense costs,” the insurance provider will pay for the policyholder’s legal representation if any covered claims are filed. The coverage conditions and extra payments section of the insurance policy describes the standards that the policyholder must meet and the additional payments that must be made.
Uncovering some of the sections were complicated since they were disguised, and it was equally challenging to match the definitions of these terms to the relevant section of the case. It is difficult to understand and unclear what is and is not covered. As a result, purchasing this policy would not be considered. When considering acquiring professional liability insurance, it is critical to ensure that the policy in question is clear and provides the individual’s level of coverage.
In this circumstance, the coverage requirements and additional payments are the aspects of the insurance policy reviewed. It includes a detailed explanation of the company’s payment terms and indicates whether or not the corporation was eligible to receive any additional payments. It could help the company determine whether the claims made by the insurance company were accurate and why the insurance company did not make any payments to the nursing home (Prinja et al., 2019). The provisions offer litigation and claims settlements, which are frequently included in liability insurance policies. In the context of liability insurance plans, the fundamental responsibility of insurers is to defend insured parties against legal action and claims. The second purpose of insurance is to compensate people who have been wrongfully sued or have had claims filed against them by paying settlements and damages.
When the nursing facility stated that the passing away of the patient was an issue of professional judgment, they were accurate in their assessment. It appears that there was a breakdown in communication between the insurance company, the nursing home, and even the nursing facility workers (Williams et al., 2018). Due to the lack of clarity in the insurance policy, the nursing home likely misinterpreted its own rules and the insurance policy. In light of the nursing home’s insurance policy evaluation, the policy decision may have posed a problem for the organization.
The nursing home’s insurance company should pay for the damage as ordered by the court. The cause of death for the resident was determined to be the negligence of the nursing home staff. It was unethical for the nursing home to act with negligence. If I were to decide on this case, I would decide depending on the deal established between the nursing facility and the insurance company. The insurance company thought the nursing home had a viable claim to reimburse the money spent on the patient’s care. One of these parties most likely misunderstood the terms of the agreement, which led to the litigation in the first place. The terms of the agreement between the insurance company and the nursing home are essential issues to examine before deciding on this matter.
Conclusion
In conclusion, the medical profession is a delicate topic that requires enhanced precision and thorough attention to the finer details, given that it involves people’s lives. Medical personnel is obligated to adhere to a code of ethics and avoid situations that could be construed as negligent, as doing so could result in the death of a patient. In order to prevent instances of confusion and misunderstanding, insurance firms are required to offer explanations of policy provisions.
References
Desrochers, J., & François Outreville, J. (2019). Perceived risk and insurance decision taking for small losses. Journal of Risk Research, 23(4), 447–460.
Guido, G. W. (2020). Legal and ethical issues in nursing. Pearson Education, Inc.
Prinja, S., Bahuguna, P., Gupta, I., Chowdhury, S., & Trivedi, M. (2019). Role of insurance in determining utilization of healthcare and financial risk protection in India. PloS one, 14(2).
Williams, S., Phillips, J., & Koyama, K. (2018). Nurse advocacy: Adopting a health in all policies approach. OJIN: The Online Journal of Issues in Nursing, 23(3).