Malpractices and errors in healthcare

Introduction

Malpractices and errors are among the reasons why healthcare practitioners face legal actions. The errors and misconduct are described as failure to offer professional care and skills leading to injuries to an individual receiving the care services. That said, the identification of who is responsible in the event of malpractice relies on staff-employer relationship. In most cases, it would be assumed that a hospital will take responsibility for such actions done by their healthcare staff but it’s never the case presently (Pozgar, 2013). For this reason, an individual has to take responsibility for his or her action. The aspect of indemnification highly supports the doctrine. The paper will describe how the doctrine of indemnification further the concept that an individual is ultimately responsible for their actions.

The aspect of individual responsibility has been a major issue in healthcare in the event of a professional error. The doctrine of indemnification enables an employer to reclaim from a person who is responsible for any faults or errors paid in the doctrine of respondeat superior in regards to neglect act. It gives the employer the power to recover for the damages that are caused by an employee in regards to neglect and failure to do the right thing in the course of practices (Guido, 2014). It is imperative that the hospital has to return to its former state before the occurrence of such malpractice by the employee. That said, the employee will pay for all the losses the hospital might have undergone financially to recover it to its former state before the incident. In regards to this, the doctrine of indemnification makes it possible for employees to feel the impact of their mistakes.

The doctrine of indemnification brings into light the aspect of accountability in healthcare. Accountability is the ability to give an account of one’s actions, decisions, and negligence. It is about maintaining the quality of care while at the same time being answerable to the people who are affected by the nursing practice. Therefore, it is important for nurses to understand that their actions can incur some losses which can be directed to them to pay for compensation. The doctrine shows that individuals are responsible for their actions (Pozgar, 2013). For instance, if a nurse’s neglect behavior resulted to a patient ultimate pain or death resulting to a lawsuit, the nurse is made to cater for all the damages concerning cost as per the decision of the court. The nurse as a result of indemnification will be accountable for all the mistakes. However, this contrary to when a hospital would take charge of any mistakes done by an employee while in practice.

Conclusion

The doctrine of indemnification has explained the concept that individuals are ultimately responsible for their actions in various ways. It gives the employer the right to recover from the individual who was personally involved in the damages to pay. In regards to this, it is evident that any action of an individual will not be taken as a collective responsible carried by the hospital or employer but the person involved. Additionally, it allows for the punishment of the person involved in healthcare malpractice by the employer through payment of huge fines as a price for the action. It is imperative that nurses will remain vigil to avoid any mistakes because of individualized punishment as a result of doctrines such as indemnification.

Reference list

Guido, G. W. (2014). Legal and ethical issues in nursing (6th ed.). Upper Saddle River, NJ: Prentice Hall. (Chapters 13 and 14)

Pozgar, G. D. (2013). Legal and ethical issues for health professionals (3rd ed.). Boston: Jones and Bartlett. (Chapters 7, 8, and 11).

Malpractices and errors are among the reasons why healthcare practitioners face legal actions. The errors and misconduct are described as failure to offer professional care and skills leading to injuries to an individual receiving the care services. That said, the identification of who is responsible in the event of malpractice relies on staff-employer relationship. In most cases, it would be assumed that a hospital will take responsibility for such actions done by their healthcare staff but it’s never the case presently (Pozgar, 2013). For this reason, an individual has to take responsibility for his or her action. The aspect of indemnification highly supports the doctrine. The paper will describe how the doctrine of indemnification further the concept that an individual is ultimately responsible for their actions.

The aspect of individual responsibility has been a major issue in healthcare in the event of a professional error. The doctrine of indemnification enables an employer to reclaim from a person who is responsible for any faults or errors paid in the doctrine of respondeat superior in regards to neglect act. It gives the employer the power to recover for the damages that are caused by an employee in regards to neglect and failure to do the right thing in the course of practices (Guido, 2014). It is imperative that the hospital has to return to its former state before the occurrence of such malpractice by the employee. That said, the employee will pay for all the losses the hospital might have undergone financially to recover it to its former state before the incident. In regards to this, the doctrine of indemnification makes it possible for employees to feel the impact of their mistakes.

The doctrine of indemnification brings into light the aspect of accountability in healthcare. Accountability is the ability to give an account of one’s actions, decisions, and negligence. It is about maintaining the quality of care while at the same time being answerable to the people who are affected by the nursing practice. Therefore, it is important for nurses to understand that their actions can incur some losses which can be directed to them to pay for compensation. The doctrine shows that individuals are responsible for their actions (Pozgar, 2013). For instance, if a nurse’s neglect behavior resulted to a patient ultimate pain or death resulting to a lawsuit, the nurse is made to cater for all the damages concerning cost as per the decision of the court. The nurse as a result of indemnification will be accountable for all the mistakes. However, this contrary to when a hospital would take charge of any mistakes done by an employee while in practice.

Conclusion

The doctrine of indemnification has explained the concept that individuals are ultimately responsible for their actions in various ways. It gives the employer the right to recover from the individual who was personally involved in the damages to pay. In regards to this, it is evident that any action of an individual will not be taken as a collective responsible carried by the hospital or employer but the person involved. Additionally, it allows for the punishment of the person involved in healthcare malpractice by the employer through payment of huge fines as a price for the action. It is imperative that nurses will remain vigil to avoid any mistakes because of individualized punishment as a result of doctrines such as indemnification.

Reference list

Guido, G. W. (2014). Legal and ethical issues in nursing (6th ed.). Upper Saddle River, NJ: Prentice Hall. (Chapters 13 and 14)

Pozgar, G. D. (2013). Legal and ethical issues for health professionals (3rd ed.). Boston: Jones and Bartlett. (Chapters 7, 8, and 11).