Defenses to Malpractice and Risk Management

Defenses to Malpractice and Risk Management

Reply two these two posts separately and provide references for each. Please do not be biased.

Post 1: Based on the group case study, possible defenses can be brought up against both the physician and the nurses. The physician failed to explain possible death as a result of surgery when explaining procedure and going over the consent form. Consent forms are usually particular to each facility. “Physicians have a legal and ethical responsibility to provide adequate information to the patient so that he or she is able to process the information and make appropriate decisions,” (Berg, Appelbaum, Lidz, et al., 2001). “Because a consent form documents the patient’s understanding of the services the surgeon will provide, the one you describe meets the basic requirements for informed consent,” (Unknown Author, 1998). “Performing a procedure on a patient without his or her consent has been considered by the courts to be a form of battery,” (Faden, 1986). For this reason it is crucial the process of informed consent whereby possible outcomes are discussed and a time for questions allowed; risk and benefits. Studies have shown that “patients may not accurately remember all the facts disclosed in a discussion,” (Ryan and Sinha, 2016).
The nurses can be charged for negligence. “Postoperative medical complications are common, potentially fatal, and variable across different settings,” (Redelmeier, 2016). Checking orders, report and documenting all plays a role in the negligence of patient care and all can be prevented. They are all basic requirements of nurse practice.
Berg, J.W., Appelbaum, P.S., Lidz, C.W., et al. (2001). Informed Consent: Legal Theory and
Clinical Practice, 2nd edition, Oxford University Press, New York
Faden, R.R. (1987). A History and Theory of Informed Consent. New York: Oxford University
Unknown Author (1998). Legal questions. Surgical consent form: incomplete and
illegal?…verify the operative site. Nursing (NURSING); 28(11): 31-31. 1p
Redelmeier, D.A. (2016). Postoperative care and complications. Goldman-Cecil Medicine, 433,
2631-2625. e2
Ryan, M. and Sinha, M.S. (2016). Informed procedural consent. Retrieved from:
Post 2: What happened to Yolanda would have been prevented. The infusion pump beeped for so long, but due to ignorance, Carol Prince assumed someone else was taking care of it. Diana also heard it and it took several minutes before informing Jeffery and it was until forty-five minutes that she went to that room. Nurses are well aware that there is a shortage of staff in Caring Memorial hospital, and therefore, they should be responsible in all situations for the wellbeing of all patients. If Carol and Diana responded to the bell in time, whatever happened would have been prevented. Besides, the hospital was testing IV infusion pump without proper records, because it became difficult to identify the serial number of the pump in Yolanda’s care. If they had the serial number, they would have identified if it was the right pump or the intruder used a different one, and they would have known what to do to save the patient (Hickle & Lampotang, 2002). The hospital should have security to prevent strangers from possible cause to the patients.

The best risk management which would have implemented before the adverse patient occurrence would be risk avoidance (Pritchard & PMP, 2014). It would have been applied by responding to the issue of staffing shortage, to recruit as many nurses as possible to ensure that there are enough nurses in each department that allows shifts without insufficiency. Again, after the occurrence, they would have utilized risk acceptance. This technique would have allowed the nurses to accept that the damage had already been done, but it could show that they are ready to do all it takes to control the situation (Chapman & Ward, 2003).


Chapman, C., & Ward, S. (2003). Project risk management: processes, techniques and insights.

Hickle, R., & Lampotang, S. (2002). “Apparatuses and methods for providing IV infusion administration.”U.S. Patent Application No. 10/208,184.

Pritchard, C. L., & PMP, P. R. (2014). Risk management: concepts and guidance. CRC Press.

Posted in essay.