Flex Day SMC

Who can be held liable for malpractice?

Select all that apply

• Staff nurse

  (Clinical nurse)

• Nursing students

• Nursing faculty

• College/University Administration

Answer explanation

Students are not "practice under the instructor's license". They are held liable for their level of action.

Administration can be held liable if they are aware of the issue but not doing anything.

Who can sue? Select all that apply

• Student sued the school/program

• Faculty sued students

• Faculty sued school/program

• Student sued faculty

Answer explanation

2. The culture of learning has changed.

   Faculty has also changed.  Students now have different perspective.

3. Faculty has sued students for harassment. 

Faculty VS nursing programs—not getting promotion or assignment they want

Students “pro se” capacity. Acting as they own attorney

Which of the progression of law is the most important part for faculty and the program?

a.     Internal grievance

b.     Seeking attorney help

c.     Compliant file

d.     Discovery and motion practice  (attorney on each side do the prep). May file a motion for getting dismissed

e.     Trials

f.      Appeal

Answer explanation

Less than 10% of lawsuit make it to the court.

The most important part is the internal grivenace.

Due process policy.

Can’t just give them a punishment without giving them a chance. 

Did the punishment fit the crime?

A student claims "faculty X is not very nice to me and always give me a hard patient... so I fail".

Which elements of malpractice is ground for this accusation?

• Breach of contract

• Breach of duty

• Intentional of emotional distress, negligence of emotional distress

• Constructive hostile/retaliation

Answer explanation

Breach of contract = Is your student handbook a contract?

Suggested wording “This is not to be in a contract between the college and student”

Intentional of emotional distress, negliance of emotional distress. Sorta like a spousal abuse. You always pick on me and causing me stress.

Constructive hostile/retaliation = being treated so badly so student can’t keep going

Is this a FERPA violation?
I just want to tell another faculty that student X is a star student.

They got a A+ in theory and clinical in my class this term.

• No. I'm not sayint anything bad about the student.

• Depends....does the faculty need to know this information?

• Absolutely not! The other faculty is going to teach the student next semester. They have the right to know.

• Yes, this is violation of FERPA.

A student accidentally gave the patient an extra dose of Tylenol PO.

How should I chat about this incident?

Answer explanation

Write "excessive dose"

Do not put "overdose"

True/False

If a student gave too much laxative, then pt can sue us for negligence (malpractice)

Answer explanation

True

For malpractice to occur, damage must be present. If the pt took too much laxative, fall, and then break hip, one can argue that the cause in fact is a direct cause from the medication.

There are other elements--Breach of duty eg. omission of the important medication

Which of the following is example(s) of deviation from the standard of care?

SATA

• Student fails to report significant pt's status change lead to pt's adverse outcomes

• Faculty assigns inappropriate student assignment.

• The Dean knows that faculty is incompetent but gives clinical assignment due to faculty shortage

• Faculty knows that student is unsafe...but they are a good student in the past. So just ignore this unsafe practice once

Answer explanation

This is from Iowa State Board of Nursing

"The nursing student is accountable for his or her nursing actions and behaviors to patients, the instructor, the facility and the nursing program"

"the instructor is accountable for the selection of patients for the nursing students' assignments.....Most critically, the instructor must intervene if necessary for the protection of the patients when situations are beyond the abilities of the students. Instructors must identify "teaching moments" as well as assess and evaluate the students' clinical performance."

How do we protect ourselves?

Answer explanation

Practice according to standard of care

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