Leadership And Management

Discuss this case study on the topic of extension of liability to healthcare executives and strategies to prevent it.

Mary Smith, CNO, has just been named in a lawsuit along with two of her registered nurses. The lawsuit arose as a result of a patient’s hip fracture sustained as a result of a fall. The two nurses named in the lawsuit were caring for the plaintiff on the day of the fall. Mary Smith, as CNO, claims that she had no involvement with the care that was provided to the patient and cannot fathom that she is also a named party on the claim. The lawsuit alleges negligence and seeks unspecified damages from all three nurses named.

Discuss the following issues as they pertain to this case:

How does liability extend to the CNO?
What defenses are available to the CNO? In other words, what evidence can the CNO put forth to show that she should be dropped from the suit?
None of the nurses, including the CNO, have liability insurance. Is this a concern? Why or why not?
NUR 400 Short Paper Rubric

In the clinical area, you may encounter a situation as the one mentioned below. It is of relevance because liability in clinical practice can occur, and it is vital that the nurse take appropriate steps to protect her/his license. Further, in this hypothetical, the chief nursing officer is also a named party on the claim even though she had no direct patient care with the patient (now the plaintiff). Consider how you would proceed in this circumstance. Prompt: In responding to the hypothetical case study, please use at least three evidence-based sources, as this is a scholarly endeavor. You must internally cite and list your sources using correct APA format. The paper must be organized using the questions listed below as subheadings. Begin with an introduction and then proceed with the questions. A conclusion subheading ties the paper together. Mary Smith, CNO, has just been named in a lawsuit along with two of her registered nurses. The lawsuit arose as a result of a patient’s hip fracture sustained as a result of a fall. The two nurses named in the lawsuit were caring for the plaintiff on the day of the fall. Mary Smith, as CNO, claims that she had no involvement with the care that was provided to the patient and cannot fathom that she is also a named party on the claim. The lawsuit alleges negligence and seeks unspecified damages from all three nurses named. Discuss the following issues as they pertain to this case:

1. How does liability extend to the CNO? 2. What defenses are available to the CNO? In other words, what evidence can the CNO put forth to show that she should be dropped from the suit? 3. None of the nurses, including the CNO, have liability insurance. Is this a concern? Why or why not?

Guidelines for Submission: The short paper should follow these formatting guidelines: 2–4 pages in length, double spacing, 12-point Times New Roman font, one-inch margins, and citations in APA format (use at least three evidence-based sources).

Critical Elements Exemplary (100%) Proficient (88%) Needs Improvement (75%) Not Evident (0%) Value

Logical Organization Meets “Proficient” criteria and offers professional insights pertaining to the arguments that support positions taken in the paper

Logically organizes the paper and provides valid arguments to support positions

Organizes the paper and provides valid arguments to support positions, but with gaps in logic and clarity

Does not logically organize the paper and does not provide valid arguments to support positions

30

Extension of Liability Meets “Proficient” criteria and offers professional insights about how liability can extend to others in the healthcare organization who are not directly involved in patient care

Articulates in detail how liability can extend to others in the healthcare organization who are not directly involved in patient care

Articulates how liability can extend to others in the healthcare organization who are not directly involved in patient care, but with gaps in detail and clarity

Does not articulate in detail how liability can extend to others in the healthcare organization who are not directly involved in patient care

25

Defenses in the

Lawsuit Meets “Proficient” criteria and offers professional insights about what defenses are available to the CNO named in the lawsuit

Analyzes clearly what defenses are available to the CNO named in the lawsuit

Analyzes what defenses are available to the CNO named in the lawsuit, but with gaps in clarity

Does not analyze clearly what defenses are available to the CNO named in the lawsuit

25

Merits of Liability Insurance

Meets “Proficient” criteria and offers greater critique concerning the merits of having professional liability insurance

Analyzes accurately the merits of having professional liability insurance

Analyzes the merits of having professional liability insurance, but with gaps in accuracy of content

Does not analyze carefully the merits of having professional liability insurance

10

Articulation of Response

Submission is free of errors related to citations, grammar, spelling, syntax, and organization and is presented in a professional and easy-to-read format

Submission has no major errors related to citations, grammar, spelling, syntax, or organization

Submission has major errors related to citations, grammar, spelling, syntax, or organization that negatively impact readability and articulation of main ideas

Submission has critical errors related to citations, grammar, spelling, syntax, or organization that prevent understanding of ideas

10

Earned Total 100%

 
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