Discussion Question Module 4: Liability Issues in Nursing
Welcome to Module 4! This module presents guidelines for documentation—both the patient record and incident reports—and issues of confidentiality, with special emphasis on HIPAA regulations, and the challenges faced with the increased use of technology in securing and maintaining electronic health records. Additionally, this module explores professional liability insurance, focusing on issues nurses should consider and investigate when choosing a policy that will give them the best protection should a subsequent lawsuit be filed against them.
Medical records ensure that communications concerning individual patients will be available to health care providers, including the patients’ diagnoses, treatments, procedures, interventions, and response to those treatments, procedures and interventions, Communications also exist for research, quality assurance, third-party payers, and legal defense. This module outlined the reasons for written communication, explained how to document effectively, and stated general rules concerning when patient data may be disclosed to others. This module also provided an overview of professional liability insurance. Individual malpractice insurance may not prevent potential liability, but does assist the nurse if a lawsuit is filed or the nurse is named party in a lawsuit. Policies, though difficult to understand at first glance, are not really that difficult once the reader understands the various terms and phrases.
Discussion Question:
Please respond to ONE of the following prompts.
- How can a staff member ensure confidentiality in clinical settings? What strategies might be implemented by the nurse manager or nurse educator to promote confidentiality? What safeguards can be used to ensure confidentiality when sending medical information by fax or by e-mail?
OR
- Debate both the pros and cons of having individual professional liability insurance.