Liability Issues in Nursing

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  • Read the case study presented at the end of Chapter 9 (Guido, p. 185-186).
    • Did the lack of documentation in the admitting nurse’s assessment and notes affect the ultimate outcome of this case?
    • Was there negligence on the part of the nursing staff in the care of this patient?
    • What could the nurse have done differently to facilitate a different outcome in this case?
    • How would you decide this case?
  • Using the sample professional liability insurance policy (Guido, p. 193-194), locate the various provisions:
    • Limits of liability
    • Declarations
    • Deductibles
    • Exclusions
    • Reservation of rights
    • Covered injuries
    • Defense costs
    • Coverage conditions and supplementary payments
    • Did
      you have difficulty finding some of the sections? Would this be a
      policy that you would consider purchasing for your own liability
      coverage? Why or why not?
  • Read the case study presented at the end of Chapter 10 (Guido, p. 198)
    • What
      provisions of an insurance policy would you consult to determine if an
      insurance company should pay such a claim, and what would the limits of
      the liability be?
    • Is the nursing home insurance company correct in saying that this is a professional judgment issue?
    • Which
      insurance company (the nursing home’s or that of the administrator of
      the nursing home, assuming she has coverage) should pay the
      court-ordered judgment?
    • Was the physician neglectful in this case or does the responsibility lie primarily on the nurse?

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