Diane Elizabeth Sheffield – Dissecting Nursing Malpractice & Due Care: What Would a Reasonable Nurse Do in the Situation

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Speaker: Diane Elizabeth Sheffield, CRNA, JD

Duration: 2 Hours

Format: Audio and Video

Copyright: Aug 24, 2023  

Media Type: Digital Seminar

Description

Nurses do care very much about their practice, but what is Due Care? Due Care is the legal term for what a reasonable nurse would do in similar circumstances. Due Care is just one of the confusing legal terms that will be clarified in this seminar. Understanding the language and components of medical malpractice not only increases awareness of legal responsibilities but may also decrease the risk of legal actions by improving both patient safety and care.

All individuals make mistakes. But in healthcare, the errors can have devasting results, not only for the patients, but also providers themselves. One way to understand and possibly avoid medical errors is to dissect and review medical malpractice cases. Reviewing cases allows for a nonjudgmental avenue to understand how not to make the same error and to reflect on one’s own practice.

Speaker

Diane Elizabeth Sheffield, CRNA, JD

Diane Elizabeth Sheffield, CRNA, JD

Elizabeth started her healthcare career with a degree in respiratory therapy. She continued her education with her nursing degree, a master’s degree and a doctorate of nurse anesthesia practice (DNAP) from Virginia Commonwealth University. Her clinical experiences range from critical care, emergency department, PACU and work as a Certified Registered Nurse Anesthetist.

Early in her nursing career, Elizabeth developed an interest in legal and ethical issues in nursing. She furthered her education and pursued a Doctor of Jurisprudence and a MA in clinical bioethics. As a practicing attorney, Elizabeth specialized in medical malpractice, defending both healthcare organizations and physicians. She also has experience as both a testifying and consulting expert witness. As a consummate educator, she lectures nationally on medico-legal issues and has authored several articles on legal and ethical issues.

Speaker Disclosures:
Financial: Diane Sheffield has an employment relationship with American River College. She receives a speaking honorarium from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Diane Sheffield is a member the American Association of Nurse Attorneys, the American Society for Bioethics and Humanities, the American Society of Healthcare Risk Management, and the California Association of Nurse Anesthetists.

Objectives

1. Understand the elements that give rise to malpractice.
2. Distinguish the difference between negligence and malpractice.
3. Explain legal terms and the elements of malpractice.
4. Identify the most common causes of medical malpractice.
5. Determine how to dissect an adjudicated medal malpractice case.

Outline

Criminal

• Assault & Battery

Civil

• Negligence
  • Medical Malpractice/Nursing Malpractice
  • Duty
  • Breach of Standard of Care (SOC)
  • Who determines SOC?
  • Causation
  • Damages
• Gross Negligence
• Punitive Damages

Informed Consent

• Competency
• Capacity
• Exceptions Res Ipas Loguitur
• MICRA

Discovery

• Complaint
• Interrogatories, Depositions
• Trial Settlement
• Increased Risks
• National Data Bank
• Presentation of Adjudicated Medical Malpractice Lawsuits
• Second Victim/Medical Malpractice Stress Syndrome

Insurance

• Medical Malpractice
• License

Target Audience

• Nurses
• Nurse Practitioners 

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