Legalities in Healthcare
Reviewed 10/2014
1
MANAGING EXPECTATIONS
Expectations are individually –
based concerns. They evolve from
past experiences and are unique to
the person.
Expectations that are set too low
may not allow the patient to get the
full benefit of their hospital
experience.
Expectations that are set too high
may set everyone up for failure as
they may be unrealistic.
One must balance reality with giving
the patient hope and assurance
when managing expectations.
Managing the expectations of the
patients and their families and
friends regarding their care and their
outcomes is often the first step in
avoiding a legal battle.
1
Legalities in Providing Care
We live in a very litigious society today. In
our own society, we must all be aware of
the impact negligence cases have had in
the way we provide care and how we
document the care we provide.
When we don’t function in the same
manner that an average, reasonable, and
prudent professional would, negligence
can occur. Negligence can result from
omission or commission of an act based
on standards of care like policies and
procedures. A breech can result in harm to
the patient .
Some common causes of negligence and
the resulting law suits are:
1.
Human Error: Medication errors,
assessment errors, and documentation
errors fall into this category.
2
Legalities in Providing Care
2. Equipment Failure or Misuse:
Always check equipment before you
attach it to a patient. Always make
sure you are thoroughly inserviced
on equipment before you use it.
3. Patient Falls: The issue is often not
that the patient fell but whether or
not the care provider evaluated the
patient’s needs and implemented
safety precautions.
4. Patients Teaching Issues: Make
sure teaching is complete and done
in a language the patient and their
family / significant others
understands. Start early. Check for
understanding and comprehension.
5. Remember the patient defines what
quality care is for them. Use your
communication skills to find out what
quality means to them, then set that
as part of your patient care goals.
3
Prevention of Legal Trouble
Checking for patient and family
understanding lessens the likelihood of
mistakes and unrealistic expectations from
the patient.
Resolution is a vital component in providing
closure to an incident both for you and the
patient. Deal with both the facts and feelings
of everyone involved. Also, learn from it.
Ask yourself what valuable lesson can be
learned and how you can either improve your
care or the systems and processes that
impact patients and patient care.
Extend compassion to the patient and their
family / significant others. Understand that
they are scared, angry, frustrated, and just
don’t feel well. Reach beyond yourself and
understand that we, too, have, at one time
or another, been scared, angry, frustrated,
and just not felt well. How would we want to
be treated?
4
Prevention of Legal Trouble
Know your policies and procedures regarding
equipment safety and how to appropriately
remove equipment from service.
When in doubt- ask! The only “dumb” question is
the unasked question. The dangerous
practitioner is the one who thinks they know it all.
Healthcare is changing everyday. Ask questions.
Ask for clarification. Ask for help. Know your
limitations and the limitations of those around
you.
Anger is a breeder of law suit behavior. When a
patient feels he has been done “wrong,”
“ignored,” “done things to,” and attacked with
hostility, there is a likelihood that the patient may
follow a legal avenue which may or may not be
legitimate. When expectations are not managed,
it effects everyone negatively.
5
Prevention of Legal Trouble
Make sure to greet patients and their
families. Be warm and friendly.
Anticipate their needs and don’t make
them wait. Be attentive and upbeat.
Make sure to introduce yourself by giving
your name and title. Use good
communication skills. Always thank the
patient. Be sincere. Follow-up as
needed. Keep your promises.
Keep the patients informed regarding the
length of time a request or procedure will
take. Be realistic and check for
understanding. Adhere to the time
frames you set.
Answer questions that are within your
domain to answer and refer other
questions to the proper person. You can
facilitate future conversations through
referral and follow-up.
6
Prevention of Legal Trouble
The Joint Commission standards now
mandate that patients be told of
mistakes that are made. If you make an
error, please notify your instructor and
person in charge in your area for
assistance. Use terms that are easy to
understands. Clarify and check for
understanding. Be honest, direct, and
respectful in all interactions with patients
and their families.
7