It has been observed through analysis that recently patients have become more concerned and are trying to establish a reliable, immediate and condo lent communication with their medicos. There has been a consentaneous want among the patients to be informed about the faults committed by physicians and to guide them through the remedial procedure. A proper apology is also demanded by few. The patients have the full right to ask for an explanation regarding the faulty act and as to how and why this happened to which a doctor is held answerable. But a sense of involuntariness has been found among the doctors to communicate everything to their patients, dreading judicial proceedings. The doctors fear liability that stands in the way of open communication acting as a roadblock. Moreover, such exposure can cost them their reputation and faith of the patients. Doctors even lose self-confidence when these affairs are let out.

Two souls can be found to be loggerheads over this. One is patronizing a program which is acting as a panoptic attempt to modernize the Medicaid program of the state and that will restrict the agony and injury awards to a total of $250,000. This effort will add a savings of $209 million in the coming year. Whereas the other one, being a worker of one of the largest personal-injury firm, has shown perennial assistance in obstructing or occluding civil wrong reforms in the state.

It has been in news and press statements that the judicial proceedings for medical liabilities still contain some problems that have not been dealt at yet and hence remains unsolved. Even the price of the defensive medicines, that has to be paid by all, is pretty substantial. These have been unanimously agreed by group of physicians.

As per current law, damages inflicting punishment are confined to $250,000 or thrice the amount of compensatory damages, whichever is found larger in sum and no limits have been placed over compensatory damages. The damages have also been differentiated into two categories- economic damages that include medical care and lost wages and non-economic wages comprising of mental and physical disability and deformity, pain and endurance etc. Though the original bill restricted the recuperation of non-economic compensatory indemnity to $250,000 but the current law has raised the bar to $500,000. Children, elders, homemakers and other non-wage earners would be scathed as they cannot arrogate for lost wages indemnification. Emergency-room medicos can be benefited by this law except if any of their wrong doings are not intentional or activities mark loose behavior or negligence.

There are many people trying to safeguard the physicians in one way or the other. Those People that are coming to the defense of doctors bring out the fear of doctors in choosing emergency-room work.  According to them it has become an evident practice among the doctors to try and avoid working for emergency-rooms in order to keep away litigations. These actions will impoverish patients from getting proper health guardianship as it would have been if the doctors would not have felt pressurized.

The court of law can take order to compensate the individuals who are sufferers of medical malpractices. An individual can be affected in many ways from medical malpractices, which include any serious injury which makes the life of that individual no longer normal. The cases of medical malpractices aim to compensate the victims and to influence the medical providers so that they can follow the standards of medical science.

The overview of limiting the amount of compensation seems perfect, but beneath that there are huge costs.

Every citizen of Missouri can choose a jury of his friends which will weigh the merits and demerits of the medical malpractice case.  This right of a citizen is protected by constitution and powers the jury to give an estimate of the compensation amount. The constitution drafters believe that the right mentioned above is of utmost importance and they have guaranteed it as “inviolate”. This restriction makes sure that the right is safe from hostile legislation.

The right of a jury trial is also important to the founding fathers of United States. The founding father Alexander Hamilton had stated that if one cannot reach on a conclusion make sure that they are given a trial by jury.

The repetitive calls for reforms can push free government and liberty in jeopardy. It is an affair too costly when we think of modifying the freedom assigned by the constitution for people who people who are looking to make an economic gain from the cause. Even if we think of changing the constitution, reforms in medical malpractice are not the only thing to ponder upon. There are many frivolous lawsuits involving malpractices. According to a Harvard study, there are nearly 1500 malpractice claims, out of which 80 percent report of death or serious injury.

Contrary to popular belief, doctors are not leaving the medical practice. A report by American Medical Association, the rate of growth of doctors in U. S. is more than that of American population. Also, the people promoting reforms for medical malpractice say that Illinois is the main center of fleeing doctors. But this statement is completely false, as the number of physicians never declined.

Malpractice claims not only add to insurance premiums. According to a report by National Bureau of Economic Research, the increase in premium is not attributed by malpractice payment increase. Another study by American for Insurance Reforms highlights that no lawsuit or jury added to make the doctors’ astronomical; rather the contribution was more due to declining interest rates and changing economic cycle.

According to American Association of Justice, the average profit of ten biggest malpractice insurers was more than 99 % of Fortune 500 companies.

One thing is sure that malpractice reforms will not help in lowering the insurance rates, though all the reforms are passed with a false belief that they will lower the liability premiums.

At last, the solution is not in useless reforms, but the true solution will be a complete revamp of the insurance industry. An AMA report states the fact that the absence of any stiff competition in the sector of health insurance is the root cause of economic oppression of patients. AMA has requested the Department of justice to take aggressive steps to strictly enforce the antitrust laws.

In 2002, they released a list of 27 Serious Reportable Events (SREs), later updated in 2006. The list’s purpose was threefold: to stabilize the reporting of events within the healthcare sector, to increase the public’s ability to access this information and to increase the accountability of the consumers on behalf of providers.

Eventually, some of the events on the list began to be known as “never events.” Recently, the Centers for Medicare and Medicaid Services (CMS) began to refuse payment for certain events. In other words, as far as the federal government is concerned, some medical errors should never happen in the hospital or nursing home. If they do, the government will not pay the negligent provider for the care that the patient requires after suffering from a never event.

What are Some Never Events?

The following list covers some never events and errors that Medicare and Medicaid will not pay for:

·         Leaving a foreign object inside the body after a surgery is performed

·         Air embolism

·         Urinary tract infections resulting from catheter insertion

·         Pressure sores or ulcer

·         Infections resulting from vascular catheters

·         Injuries acquired in the hospital including burns, dislocations and fractures, as well as intracranial and crushing injuries

·         The use of mismatched blood

The Policy’s Effect on Nurses

The new nonpayment policy will allow nurses a chance to take charge and prevent avoidable events. More than half of all never events on the list pertain to nurses, especially patient falls and pressure ulcers. Nurses have a tremendous effect on patient care and outcomes, so now nurses are viewed as an investment instead of a cost.

When more nurses are added to a hospital or clinic’s staff, the overall quality of the patient care is most likely to improve, thus decreasing the number of preventable incidents. This is clearly the best way that nursing administrators can push for future financial investments in nursing.

Prevention Strategies for Nurses

By training musses on prevention strategies, hospitals can greatly increase patient safety while protecting profits.

Optimal Assessment

Nurses can use standard, evidence-based tools to perform risk assessments as soon as the patient is admitted to the facility. They are required to visually identify patients who may be at risk, including those who wear a Stay Alert for Fall Event (SAFE) sticker. Nurses can also promote critical thinking and ensure they accurately stage the patient’s condition through proper documentation of the wounds.

Targeted Care Mandates

Nurses have the ability to simplify standard protocols to ensure the patient will comply with the procedure. They must prioritize interventions and intervene early.

360-Degree Support

Nurses must provide staff support and use effective reminders to reposition patients on time. Patient care assistants should also be allowed to share tasks, when appropriate. Overall, nurses should empower patients and their families by using teach tools, demonstrations and technologies that help the overall condition of those affected.

Innovations for Complex Patients

Cutting-edge technology can be used in conjunction with standard treatment to facilitate better healing. Cost-effective alternatives for patient observation can also be effective, including video surveillance for patients who have a high risk of falling, for example. Nursing schools in California, New York, Chicago, Houston and other metropolitan areas are leading the way by training students in these new technologies.

One of the many benefits to adopting this list is that it is an important step to providing better care and ensuring both patient safety and awareness. While accidents do occur and will continue to occur, the reporting of these errors and not receiving payment for improper treatment will help to lower the number of never events that occur.

CNA-nursing-schools.com helps students find programs for nurses to help them reach their healthcare career goals.

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