Malpractice in Advanced Nursing Practice a Closer Essay

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Malpractice in Advanced Nursing Practice

A CLOSER LOOK

Legal/Ethical Principles

When nurses pursued independent practice outside hospitals, the law supported their bid to breach traditional roles (Kjervik & Brous, 2013). This phenomenon was described as a form of "growing militancy" that refused to stay under the dominion of medicine (Baer, 1993 as qtd in Kjervik and Brous). Ethics supported the accompanying empowerment of the militant act as in expressing autonomy in practice, beneficence and care-based ethic in doing what they see as best for patients, and justice or fair treatment for patients and all providers involved. The earliest practitioner program was designed in 1965 by Loretta Ford and Henry Silver in their response to the lack of primary care physician at the time. The program emphasized primary care in health promotion and disease prevention. The idea caught and more primary care providers increased. This is why many of the first court suits involving advanced practice nurses or APNs were APNs and other working in acute care facilities.

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These court suits were connected either to their expanded roles and privileges or their relationships with physicians concerning antitrust and insurance and supervision by physicians. The APNs' expanded role and privileges come under a standard of care. This legal standard for a health professional fixes the expected performance of a nurse. But this expectation evolves as clinical practice changes and nursing roles expand. One set of cases in this category concerns negligence. Negligence is failure to meet the set standard of care, which leads to patient injury (Kjervik and Brous).

Malpractice in Nursing

As malpractice suits increase against APNs, they need to be more knowledgeable about the fundamentals of nursing malpractice (Walker, 2011). These include their liability, options with malpractice coverage, their future role, and legislative issues like tort reform......

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