Full Course Description
Critical Analysis of a Patient Fall Case: Negligence vs. Malpractice when Injury is Involved
This presentation is a critical analysis application that examines negligence and malpractice within the healthcare setting, with a particular focus on a compelling case involving a fall related subdural hematoma that occurred. You will understand the legal implications associated with negligence and malpractice, examining the potential consequences for healthcare professionals involved in similar scenarios. Take away key information to practice more safely with adherence to the nursing standards of care, incorporation of essential approaches to communication, applying continuing patient monitoring in practice and demonstrating solid critical thinking skills.
Program Information
Objectives
- Evaluate a real-life case illustrating negligence versus malpractice.
- Discuss the elements of negligence including professional duty, breach of duty, causation, and harm (as they relate to the case study).
- Analyze the elements of malpractice including professional duty, breach of standard of care, causation and harm (as they relate to the case study).
- Examine how professional standards are important to consider in relationship to the patient injuries that occurred.
Outline
A Real-Life Case Study Illustrating Negligence vs. Malpractice
- Review the patient fall case study
- Identify the safety issues surrounding the case
- Discuss what occurred – and the injuries sustained
- Apply the concepts of negligence vs. malpractice
- Share the outcome of the situation
Elements of Negligence & How They Relate to the Case Study
- Duty
- Breach of duty
- Causation
- Harm
Elements of Malpractice & How They Relate to the Case Study
- Duty
- Breach of standard
- Causation
- Harm
Professional Standards Involved in this Case Study & How They Relate to the Injuries Sustained
- Assessment
- Forseeability
- Fall Risk
- Hand-off communication
- Surveillance/Monitoring
Legal Consequences Related to Negligence and Malpractice
- Civil liability
- Damages
- Disciplinary action
- Malpractice lawsuits
Actual Outcome of the Case: How was it managed? What Happened?
- Reporting and documentation
- Root cause analysis
- Education
Strategies to Avoid Negligence and Malpractice (as they relate to this fall case study)
- Adhere to standards of care
- Effective communication: Delegation and hand-off communication
- Continuous monitoring and assessment
- Critical thinking and clinical judgement
Target Audience
- Nurses
- Nurse Practitioners
- Clinical Nurse Specialists
- Advanced Practice Registered Nurses
- Risk Managers
- Legal Nurse Consultants
- Attorneys
Copyright :
05/16/2024
The Impact of Violence and Incivility in the Nursing Workplace
Workplace violence and bullying are serious issues that can have detrimental effects on individuals, organizations, and overall workplace culture. Addressing workplace violence and bullying is crucial for fostering a healthy and productive work environment. Many organizations implement policies, training programs, and reporting mechanisms to prevent and respond to such behaviors. Encouraging open communication, promoting a culture of respect, and providing support for victims are essential components of creating a safe and inclusive workplace. Join workplace violence and incivility expert, Palma Iacovitti DNP, MBA, RN, to identify and intervene if situations arise in your own work setting!
Program Information
Objectives
- Determine what constitutes workplace violence, including its various forms.
- Evaluate practical strategies and tools to prevent workplace violence.
- Analyze various types of workplace bullying in the nursing profession specifically.
- Address new ways to create positive work cultures.
Outline
Types of Workplace Violence
- Physical violence: Assaults and attacks, homicides
- Verbal violence: threats and intimidation, harassment and bullying
Risk Factors
- Industry-specific risks
- Workplace environment
- Employee-related factors
- External factors
Identify Warning Signs
- Behavioral changes
- Verbal cues
- Escalation patterns
Prevention Strategies
- Establish a comprehensive workplace violence prevention policy
- Employee training and education: Conflict resolution, stress management
- Promote a positive workplace culture
Respond to Workplace Violence Incidents
- Emergency response plan
- Communication protocols
- Reporting mechanisms
Legal and Ethical Considerations
- Compliance with Occupational Safety and Health Administration (OSHA) guidelines
- Legal consequences for employers
Recognize Workplace Bullying
- Verbal abuse
- Intimidation
- Exclusion or isolation
Signs of Workplace Bullying
- Changes in behavior
- Decreased productivity
- Increased absenteeism
- Emotional distress
Consequences of Workplace Bullying
- Impact on individuals
- Physical and mental health effects
- Decreased job satisfaction
- Potential impact on career advancement
- Impact on the organization
- Decreased morale
- Increased turnover
- Negative impact on company reputation
Prevention and Intervention
- Create a positive workplace culture
- Clear communication of expectations
- Encouraging diversity and inclusion
- Promoting a zero-tolerance policy for bullying
- Training and education
- Awareness
- Conflict resolution training
- Providing resources for employees
- Reporting and addressing incidents
- Reporting system
- Investigate and address complaints promptly
- Implement consequences for perpetrators
Legal Aspects of Workplace Bullying
- Workplace harassment laws
- Employer responsibilities
Target Audience
- Nurses
- Nurse Practitioners
- Clinical Nurse Specialists
- Advanced Practice Registered Nurses
- Risk Managers
- Legal Nurse Consultants
- Attorneys
Copyright :
05/16/2024
Short Staffing: Legal Risks & Implications for Nursing Practice
Do you as a nurse/clinician ever feel overwhelmed by your workload?
Has short staffing and increased workload ever negatively impacted your nursing/clinical practice, exposing you to legal risk?
The current and projected nursing shortage and short staffing rates present a continuing and long-term problem for all levels of nursing professionals. Despite the prior knowledge of nursing shortage projections, the COVID-19 pandemic only aggravated staffing complications. Aside from negatively impacting the health and well-being of nurses, short staffing can also expose nursing professionals to increased legal risk.
Take a look at how staffing shortages and increased workload can place your nursing practice at legal risk and identify ways to improve and prevent yourself from landing in the courtroom.
Program Information
Objectives
- Evaluate current factors affecting nursing shortage and short staffing.
- Analyze how short staffing and increased workload affect nursing processes, patient care, and safety.
- Identify deviations in nursing practice that increase legal risk/exposure related to short staffing and increased workload.
- Formulate and apply practices to improve nursing care and reduce legal risk. tify ways to improve and prevent yourself from landing in the courtroom.
Outline
Background and Factors Affecting Nursing Shortage
- History of Nursing Shortage
- Projections and Factors Affecting Future Nursing Shortage
Short Staffing Effects on Patient Safety and Care
- Relationship between workload and patient safety
Legal Risks of Short Staffing/Increased Workload
- Ways in which nursing professionals deviate their nursing practice that exposes them to legal risk.
- Scope of Practice
- Assessment
- Documentation
- Errors in Treatment/Patient Care & Management
- Communication
- RNs & NPs
- Inpatient Setting
- Outpatient Setting
How to Improve Nursing Practice and Protect from Legal Risk
- Ways in which nursing professionals can improve their nursing practice and protect from legal risk.
- Education
- Scope of Practice
- Assessment
- Documentation
- Patient Care & Management
- Communication
- Time Management
- Leadership
- RNs & NPs
- Inpatient Setting
- Outpatient Setting
Target Audience
- Nurses
- Nurse Practitioners
Copyright :
06/05/2023
End-of-life Compassionate Care: Ethical and Legal Issues
The goal of end-of-life care is to prevent or minimize suffering while respecting the dying person’s wishes. End-of-life decisions are made in all age groups and the number of individuals aged sixty-five (65) years and older is projected to double by 2060. Health care providers are facing enormous challenges in assisting patients and their families to transition to the final stage of existence. Self-care and education are paramount in developing appropriate coping mechanisms necessary to provide compassionate end-of-life care. This course will provide strategies for implementing safe and effective end-of-life care. Case studies illustrating ethical dilemmas and plausible resolutions are incorporated.
Program Information
Objectives
- Describe the appropriate uses and requirements for Physician Orders for Life- Sustaining Treatment (POLST).
- Discuss ethical and legal issues related to the decision to withdraw treatment or lifesaving measures.
- Identify how to navigate the health care professional’s responsibilities and obligations while respecting the dying patient’s values and wishes.
- Expand the health care professional’s knowledge of how to cope with the ethical dilemmas thar occur with end-of-life.
Outline
END-OF-LIFE CARE
- Affects all age groups
- 65-year-old population is projected to double by 2060.
- Patients, families, health care providers, and community members all in need of support and education
SUGGESTED CHECKLIST
- DNR forms
- Physician Orders for Life (Physician Orders for Life-Sustaining Treatment (POLST}
- Durable medical power of attorney
- Living will
- Last will and testament
- Revocable living trust
- Beneficiary designation for non-probate assets
- Durable financial power of attorney
- Pet trust
- End-of life housing arrangements
- Instructions for digital assets
- Life insurance
- Funeral or celebration of life instructions. Burial, cremation, organ, and body donation
DEATH WITH DIGNITY/WITHDRAWAL OR WITHHOLDING OF TREATMENT OR LIFE SAVING MEASURES
- Hospice
- Palliative care
- Euthanasia
- Assisted suicide/Aid in dying
- Abuse/neglect
PATIENT VALUES/CULTURAL (psychological, sociological, and physiological)
- Family conflict/decisions not cohesive
- Communication
- Preparation
- Education
HEALTH CARE PROVIDERS’ COPING MECHANISMS
- Peer groups (intervention, support, therapy, and review)
- Ethics panels, boards, or committees
- Licensure/Credentialing Boards
- Institutional regulations, policies, procedures, and protocols
- Professional negligence or malpractice
Target Audience
- Nurse Practitioners
- Advanced Practice Nurses
- Physician Assistants
- Physicians
- Pharmacists
- Nurses
Copyright :
08/03/2023
Avoid the Top OB Litigation Pitfalls
Join me, Jamie Otremba, CNM, RN, BSN, a full scope nurse midwife and expert witness. I have worked on obstetric legal cases for the past 15 years and have a lot to share from those experiences. On the labor and delivery unit, we say that we are taking care of two patients at one time. One of those patients is sight unseen and very precious to provide care for.
Our patient’s expectations often run high. Throughout the shifts we work, our job can be the happiest on earth. Except when it isn’t… then it can become devastating and heartbreaking. From the most traumatic moments, everyone wants to know, “whose fault is this?”
During this can’t miss training, Jamie will highlight the latest missteps that can set you up for a lawsuit and the precautionary strategies needed to prevent a turn in the legal hot seat!
Copyright :
03/12/2024
Documenting High Risk Nursing Situations
There is no doubt that nurses are awesome, and our roles are riddled with situations that a non-nurse could never comprehend. We have so many idioms, facial expressions, inside jokes, and incredibly sad experiences – “it takes one to know one”.
And just when you thought things within nursing have settled a little, here comes more. Artificial intelligence and The Cures Act of 2023 are small examples of changes that intimately affect our professional practice. These changes are bringing healthcare transparency and bitter-sweet experiences on every shift.
How do we take smart technology, plus our expertise, to deliver the best patient care? Join Rosale Lobo, PhD, RN, MSN, LNC, as she walks you through current situations on handoff dilemmas and strategies to reduce crucial distractions. You’ll leave with real solutions you can immediately apply into your own practice setting!
Copyright :
03/12/2024
Protecting Yourself & Your License While Enduring Trauma: Tips, Tools, and Resources for the Healthcare Worker
When you are in direct patient care, experiencing burnout, trauma, or not feeling valued for who you are, you begin to disassociate and disconnect from your work. That is dangerous, unhealthy, and not why you entered the profession. Most nurses have not been allowed to identify the trauma they have experienced at work or consider how secondary trauma impacts them in and outside direct patient care. This presentation discusses your primary concerns regarding protecting your mental and physical health while protecting your license.
Program Information
Objectives
- Discuss the different types of trauma that healthcare professionals may experience during their work.
- Identify practical steps that healthcare professionals can take to protect themselves from harm in the workplace.
- Explain the importance of protecting one’s professional license and reputation.
- Determine when it may be necessary to leave a toxic work environment and the potential risks and benefits of doing so.
- Analyze long-term solutions for addressing systemic issues within the healthcare industry.
Outline
The Evolution of Healthcare
- Changes in regulatory expectations and requirements
- The impact of more work with less support
Types of Trauma
- Types of trauma that nurses endure while in direct patient care
- Physical
- Mental
- Psychological
Steps to Protect Yourself
- Systems in place to help nurses protect themselves and their licenses
- Documentation
- Human resources
- Internal complaint systems
- External systems
Steps to Protect Your License
- Steps to care for themselves, as you process trauma
- Professionalism
- PTO
- EAP
- Following Up
When to Leave a Toxic Environment
- When you are in a toxic work culture that no longer benefits you
- Preserve relationships while focusing on their mental health and needs
Long Term Solutions
- Identify ways to create change
- Legislative advocacy and politics
- Community engagement
- Propose solutions for mental health resources within your organization
Target Audience
- Nurses
- Nurse Practitioners
Copyright :
08/24/2023
Malpractice Cases: Clinical Decisions Can Haunt You
Jeffrey Nicholson, PhD, PA-C, Med, MPAS, DFAAPA will analyze actual malpractice cases that he has testified for, both on the plaintiff and defense sides. Common themes in clinical judgement errors emerge from these cases that will provide a basis for recommendations to reduce your own risk in clinical practice. Suggestions will be made as to the steps you and your workplace can take to avoid errors and keep patients safe. Discover new strategies to protect yourself and your license, as ill-fated decisions in practice can haunt clinicians!
Program Information
Outline
Malpractice Litigation
- Legal elements of negligence/malpractice
- Stages of malpractice litigation and elements of each
Standards of Care
- How is the standard of care determined
Actual Malpractice Cases
- Themes of common errors revealed
- Most common errors based on actual cases and research
Recommendations to Protect Yourself
- What could have been done differently
- What can I do in my practice
- What can my workplace/employer do
Objectives
- Identify the elements that constitute the legal definition of negligence/malpractice.
- Explain standard of care and how such standards are determined. w
- Recognize errors in clinical judgement through the review of actual malpractice cases.
- Determine practical ways in which malpractice risk can be reduced through wise clinical decisions.
Target Audience
- Nurses
- Nurse Practitioners
- Clinical Nurse Specialists
- Advanced Practice Registered Nurses
- Risk Managers
- Legal Nurse Consultants
- Attorneys
Copyright :
05/17/2024
Strategies to Avoid Disciplinary Action from the Board of Nursing
Join Cyndi Zarbano, MSN-Ed, CCRN, CMSRN, LNC, as she shares her 15 years of experience as a legal nurse consultant working with Board of Nursing clients. Along the way she has learned what gets nurses into trouble, the types of disciplinary action administered, and has many stories to share! Join her to discover the common causes of licensure implications and the strategies to avoid corrective action from your Board of Nursing!
Program Information
Objectives
- Evaluate the potential penalties the board of nursing can give a nurse.
- Determine common reasons nurses get into trouble with the board of nursing.
- Analyze the ways that nurses can reduce risk from the board of nursing.
- Recognize what nurse liability is and ways to reduce financial risk.
Outline
The Role of the Board of Nursing
- Title and duties
- Specifics differ by state
Types of Disciplinary Action After an Investigation
- Disciplinary action
- Fines
- License suspension
- License termination
16 Themes that Get Nurses into Licensure Trouble
- Substance abuse or drug diversion
- Failure to monitor a patient adequately
- Ethics violations, including fraud or dishonesty
- Negligence
- Practicing outside of one’s scope
- Documentation
- Critical thinking
- Accountability and professionalism
- Poor communication skills
- Medication errors
- Failure to delegate appropriately
- HIPPA violations
- Poor prioritization skills
- Team member disrespect
- Work arounds
- Poor time management skills
Your Professional Liability
- What every nurse needs to know!
- Will your employer’s insurance really cover you?
- What are your options
Target Audience
- Nurses
- Nurse Practitioners
- Clinical Nurse Specialists
- Advanced Practice Registered Nurses
- Risk Managers
- Legal Nurse Consultants
- Attorneys
Copyright :
05/17/2024
Expert Nurse Witness: Expand Your Nursing Career
Have you ever thought that you would like to become a nurse expert? This course is designed for nurses who are ready to explore this new role. It provides a guide for nurses who are interested in learning about becoming nurse experts for legal cases in the US. Dianne Rodolph, an experienced legal nurse expert, includes practical guidelines and recommendations for nurses who wish to explore this area of nursing and potentially make some income by serving as nurse expert witnesses for legal cases. This comprehensive training course is not just beneficial - it's essential to unlock your full potential as a nurse expert witness. Provides guidelines and recommendations for nurses who wish to become nurse expert witnesses for legal cases. Learn how to provide more insightful and credible testimony, navigate legal terminology, and approach each case with confidence! Invest in yourself and your career.
Program Information
Target Audience
- Nurses
- Nurse Practitioners
Outline
- Trends in Expert Testimony Work: Increased demand for nurse experts due to:
- Growing demand
- Growing/emerging technology
- Patient safety factors
- Increased awareness of cultural competency
- Nursing Experts vs. Legal Nurse Consultants
- Is certification necessary?
- Types of certifications for nurses
- Monetary Stakes in Litigation
- Costs of lawsuits
- Economic/non-economic damages
- Types of litigation
- Civil
- Criminal
- Medical Malpractice
- Anatomy of a lawsuit: Key Concepts
- Plaintiff V Defendant
- How a lawsuit evolves from Complaint to Appeal
- What are Standards of Care and Why are they Important?
- The Standard of Care for Nurses
- Negligence in Nursing
- Duty
- Breach of Duty
- Damages
- Causation
- Analyzing the records and forming opinions
- Dissecting the records
- Writing an Effective Report
- How to Handle Depositions and Trials
- Dealing with difficult attorneys
- Maintaining Professionalism
- The Relevance of Certification
- Perils, Pitfalls and Ethical Issues
- Marketing your Services
Objectives
- Identify current trends in healthcare that have led to increased demand for nurse experts.
- Define the responsibilities and expectations associated with the role of a nurse expert witness in legal cases.
- Breakdown the legal framework governing the involvement of nurse experts in legal cases, including laws, regulations, and standards.
- Identify practical skills necessary for effective nurse expert testimony.
- Analyze medical records, articulate expert opinions, and communicate effectively with legal professionals.
- Develop a plan for transitioning into the role of a nurse expert witness
Copyright :
04/16/2024
Show Me the Money as a Legal Nurse Consultant
Lorie A. Brown, RN, MN, JD, will share tips and secrets to establish or grow your legal nurse consultant business. Attorney Brown coaches LNCs around the country to perform at their best in this lucrative career path.
This session will provide valuable insights on how you will be able to work less while successfully making a difference. Take away brand new insights and discover the ways you can earn more than you make at your current day job!
Program Information
Objectives
- Analyze the roadblocks that could affect a successful legal nurse consultant business.
- Plan steps to become successful as a LNC.
- Create a new money mindset around charging for your services.
Outline
- Overcome mental blocks and disbeliefs
- Push past fears
- Create a plan on what to charge in your business – initially and as you excel
- Embody a positive money mindset
- Break the limiting rules you set for your business
- And MORE!
Target Audience
- Nurses
- Nurse Practitioners
- Clinical Nurse Specialists
- Advanced Practice Registered Nurses
- Risk Managers
- Legal Nurse Consultants
- Attorneys
Copyright :
05/16/2024
Testifying Under Oath - Trials and Depositions
Few life events are scarier than getting served paperwork that one has been named in a lawsuit. Far scarier still is having the case progress to the point where now one is facing deposition or jury trial! Just as the medical field has its own language, so does the legal system, and that can further add anxiety. Cyndi Zarbano MSN-Ed, CCRN, CMSRN, LNC, has performed as a legal nurse consultant and testifying expert since 2008 attending both depositions and trials. Join her as she takes you on a journey demystifying the complexities of testifying, trials and depositions, using real-life examples to bring clarity.
Program Information
Objectives
- Differentiate between an intentional and non-intentional tort.
- Determine the “Do’s and Don’ts” of deposition.
- Explain the eight stages of a trial.
- Analyze how the defendant and jury members’ oaths differ.
- Explain the penalties for perjury.
Outline
Types of medical-legal cases
- Does the case meet all necessary criteria?
- Negligence cases
- Intentional vs non-intentional torts
- Most common suits against providers
- Most common suits against nurses and others in the medical field
“So you’ve been named in a lawsuit…..”
- What does that mean?
- Things to remember
- Civil vs Criminal cases
Testifying under oath
- The sworn affidavit
- Plaintiffs Oath
- Jurists Oath
- Discovery
- A VERY important concept for legal nurse consultants to remember
- What is your role in the case?
- Nurse consultant vs testifying expert
Deposition
- What happens in a deposition?
- Always remember the ultimate goal?
- Do’s and Don’ts of Deposition
- What can a legal nurse consultant do to be of assistance in deposition cases?
- Do all depositions progress to trial?
Trial
- Bench Trial vs. Jury Trial
- Jury of one’s peers and jury selection
- Burden of Proof
- 8 stages of the trial
- Legal nurse consultant role in trials
- For defense
- For plaintiff
- Summary of judgment in civil trials
Target Audience
- Nurses
- Nurse Practitioners
Copyright :
05/17/2024