Question.3571 - Discuss the ethical dilemma of the recent nursing lawsuit
Answer Below:
Hello professor and everyone; the issue revolves around medical malpractice lawsuits in Philadelphia, wherein the article tends to discuss the surge in the medical malpractice lawsuits being filed in Philadelphia, particularly due to the changes in the court rules that allows such cases to be filed within the scope of the city even in scenario wherein the incident occurred out of jurisdiction, as long as the defendant does business within Philadelphia city limits (Whelan & McCook, 2024). In terms of ethical dilemma, the potential for frivolous lawsuits and higher cost of insurance premiums tends to create a sense of ethical dilemma; although several lawsuits may be legitimate claims against negligent healthcare providers, others may be frivolous lawsuits aimed at obtaining a financial payout; in the long run, it will eventually create an atmosphere of increased healthcare services billing the cost of legal fees involved and other potential payouts associated with lawsuits, healthcare providers may be forced to raise their insurance premiums, which further will create an inequitable healthcare structure, impacting the marginalized and lower socioeconomic people (Duarte et al., 2024). In relation to nursing, nurses are being one of the key stakeholders in the lawsuits filled, they become the defendants in medical malpractice lawsuits, particularly when patients care or medication goes wrong, significantly impacting the nurse's career, leading to job insecurity, emotional distress and in certain scenario leading to license suspension or revocation (Duarte et al., 2024). So since nurses are the front lines of patient caretakers and are more likely to be named in lawsuits than other healthcare professionals when they are exposed to such scenarios in a prolonged manner, it will create an atmosphere of nurses practising defensive medicine, which can compromise patient care eventually and also being sued comes with an emotional toll on the nurses being a financial burden or losing licences, which draws to the ethical stands, wherein considering Nonmaleficence as the principle of "do no harm" applies to both patient care and the healthcare system as a whole, which the patients need to understand while filing the lawsuit against the nurses; secondly, prolonged frivolous lawsuits will drive up the healthcare costs and further established varied boundaries limiting the accessibility of healthcare (Almatraf & Ammar, 2024; Duarte et al., 2024). In terms of reform, revamping the Tort could make it more challenging for frivolous lawsuits, like requiring plaintiffs to post a bond before filing a lawsuit could deter frivolous claims, and consider mediation or arbitration, which will resolve the issue by casting a lesser burden on the healthcare system and on the judiciary system - while at the same time provide quicker resolution, lastly, try incorporating a sense of open-minded communication between healthcare provider and stakeholder to address the misunderstanding (Almatraf & Ammar, 2024). In order to win a medical malpractice lawsuit, a plaintiff must prove the following elements: Firstly, duty - wherein the healthcare provider owed a duty of care to the patient; secondly, Breach of duty - wherein the healthcare provider breached the duty of care by failing to meet the standard of care. Third is addressing the cause - that is, breach of duty caused the patient's injury, and lastly, addressing the damages - the patient suffered damages as a result of the injury ("Understanding the legal system," n.d.). References Almatrafi, F., & Ammar, A. (2024). Values-Based Medicine Is an Ethical Concept for Implementing the Ethical Principles in Daily Practice. In?Advances and Technical Standards in Neurosurgery: Volume 50?(pp. 335-346). Cham: Springer Nature Switzerland. Duarte, A. C. D. S., Chicharo, S. C. R., Silva, T. A. S. M. D., & Oliveira, A. B. D. (2024). Ethical-legal dilemmas of nursing practice in emergencies and disasters: a scoping review.?Revista da Escola de Enfermagem da USP,?58, e20230233. Nursing, O. R. F. (n.d.-b). 5.2 Understanding the legal system. Pressbooks. https://wtcs.pressbooks.pub/nursingmpc/chapter/5-2-understanding-the-legal-system/ Whelan, A., & McCook, A. (2024, September 18). Exclusive look at Philly surge in malpractice suits | Philly Health Insider. https://www.inquirer.com. https://www.inquirer.com/health/medical-malpractice-philadelphia-bayada-lawsuit-20240918.htmlMore Articles From Nursing
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