Family Nurse Practice Malpractice Essay

Major Areas of Concern Related to the Family Nurse Practice and Malpractice

Family Nurse Practice (FNP) entails diverse areas of concern, which significantly affect the ability of practitioners to provide quality services. FNPs have repeatedly raised concerns about many malpractice litigations the public initiates against them. This has escalated the costs of insurance cover for FNPs because they have more liability lawsuits (Croke, 2003).

The costs have gone higher than for other practice fields. It is notable that employers are supposed to cover liability insurance costs under their employment policies. This can reduce the costs incurred by FNPs in purchasing professional insurance against work related liabilities (Croke, 2003).

It is also notable that much as the professional liability insurance costs for FNPs are so high, some firms still present certain limitations and exclusions on possible areas of coverage. The several limitations that FNPs deal with in their practice minimize their chances of undertaking private practice (Croke, 2003). The costs of obtaining malpractice insurance are very high. The recommendations physicians make to enable them secure insurance also excludes the. The statute of limitations has defined areas that limit the activities of FNPs (Croke, 2003).

The FNPs also face challenges in accessing professional liability insurance because of certain exclusions. The insurance policies do not cover negligence thus excluding many FNPs. This is the greatest challenge because most lawsuits are associated with negligence (Croke, 2003). Furthermore, many states exclude FNPs from participating in the health sector because of diverse reasons. The most notable sources of exclusions include criminal activities, which violate public policy, cases of untruthfulness in liability coverage, and failure to notify insurer once acts of negligence have occurred.

Nurses can cause malpractice through failing to follow the standards of care delivery as provided for in their guidelines. Some nurses have also failed to assess, identify and communicate observed changes on patients because of lack of documentation initiatives. Cases of malpractice also emanate from nurses inability to advocate on behalf of the patients during the care.

Comparisons between Medical Doctor (MD) and Advance Practice Registered Nurse (APRN)

APRNs can specialize in certain areas such as psychiatry to provide mental health services offered by physicians. This indicates that the gap between MD’s and APRN’s is smaller because of the ability to share areas of specialization (The Future of Nursing, 2012). Furthermore, APRNs have advanced training that allows them to offer care the same way as MD’s. There are different areas where MD’s and APRN’s must work jointly during care provision.

APRNs include registered nurses who have attained postgraduate training. The practitioners’ education entails didactic and clinical aspects. They are prepared through a focus on knowledge and wide scope of nursing practice. They have elaborate skills, familiarity and understanding in undertaking valuation, planning, execution, diagnosis, and analysis of the type of needed care (The Future of Nursing, 2012). The APRNs level of training and experience can enable them to work as specialists or generalists.

It is notable that their broad knowledge, skills, and familiarity with their practice because it assists them in undertaking critical assessment and problem solving. Furthermore, their decision-making initiatives must rely upon evidence (The Future of Nursing, 2012). On the other hand, MD’s can operate even in the absence of APRN’s. MD’s plays a supervisory role to APRNs. The MD’s provides care by focusing on disease diagnosis and treatment. The MD’s are trained in most areas of health, which makes them develop the skills to provide a broad of services (The Future of Nursing, 2012).

References

Croke, E. (2003). Nurses, Negligence, and Malpractice. American Journal of Nursing, 103(9), 54 – 70.

The Future of Nursing. (2012). Quality of Care Provided by Advanced Practice Registered Nurses (APRNs). Web.

Medical Malpractice Insurance Proposal Form. Web.

Medical Malpractice and Contract Application Form

General information

Company and/or Individual name:

Main address:

Tel No:

Email:

Website: CQC Reg

Number:

Please provide similar details for any other companies or businesses (including associated or subsidiary companies) requiring cover under this insurance, below.

Additional insured name and address:

Year business established:

How many locations do you operate from: (If mobile then advise?)

Your Experience

Please confirm that one or more of the Principals has at least 5 years’ experience in the relevant industry?

Yes:

No:

If No, please provide CV’s for all principles.

Professional Persons

Qualifications

What qualifications are held?

Registration

Are you a member of any professional organization? or registered with any self-regulating body? Yes: No:

If yes please give details:

General

Do you always undertake CRB checks including any Yes: No:

work that is subcontracted?

If no please give details:

Records:

Please confirm that all records, to date, and in future Yes: No:

will be maintained for at least 10 years?

Medical Malpractice Limit of Indemnity required

• £1,000,000
• £2,000,000
• £3,000,000
• £4,000,000
• £5,000,000
• Other:

Previous Insurance History

Do you carry, or have you carried, malpractice Yes: No:

Insurance in the last 12 months?

If yes please state:

The name of the Insurer:

Present limit of indemnity purchased:

Excess under current policy:

Premium being paid:

Has the previous policy been on a claims made basis? Yes: No:

If yes, what is the retroactive date?

Has any Insurer ever cancelled your medical malpractice/professional indemnity policy,

declined/refused to renew, or only accepted the risk at special terms?

Yes: No:

If yes please give details:

Public Liability Limit of indemnity required: (if applicable)

• £1,000,000
• £2,000,000
• £3,000,000
• £4,000,000
• £5,000,000
• Other:

Employers Liability

Do you require Employers Liability cover? Yes: No:

Professional Indemnity Extension

Do you require Professional Indemnity cover? Yes: No:

(Aggregate limit of Indemnity for Professional Indemnity will be as per the Medical Malpractice Limit of Indemnity)

Claims

Please complete the claims questions for any risk now to be Insured under the following insurance covers:

Are you aware of any shortcoming in your work that could lead to a claim being made against you?

This could include, but is not limited to:

1. A shortcoming or problem in your work which you cannot reasonably put right
2. A complaint about your work or anything you have supplied which cannot be immediately resolved
3. An escalating level of complaint on a particular project
4. A client withholding payment due to you after any complaint

Yes: No:

Are you aware of any loss from the suspected dishonesty?

Yes: No:

or malice of any employee or self-employed freelancer?

Have you or any or your partners or directors either personally or in any business capacity been declared Yes: No:

bankrupt or insolvent or made arrangements with creditors?

Has any Insurer ever cancelled or withdrawn, your medical

Yes: No:

malpractice/professional indemnity policy, declined/refused to renew, or only accepted the risk at special terms?

If you have answered Yes to any of the above, please provide full details:

In respect of the following Insurance covers:

Medical Malpractice, Professional Indemnity, Public Liability, Employers Liability:

Has any claim or loss, whether successful or not, ever occurred or been made against you or any past or present partner, principal, director or employee in respect of any risk now to be Insured under the Insurance covers listed above (whether previously Insured or not)?

• Yes:
• No:

If yes please provide details:

Please continue on a separate sheet if necessary:

Property Insurance

Do you require Insurance in respect of your

Yes: No:

Business premises?

If yes please confirm the levels of cover required:

Buildings Sum Insured:

General Contents:

Computer Ancillary Equipment:

All risk cover in respect of Property away from premises:

(Please list individual items with a value over £1,000)

Additional expenses: (The necessary and reasonable additional costs and expenses you incur in order to continue your Business during the indemnity period resulting from an interruption to your Business caused by Insured damage to your premises/contents or any other property used by you at the Insured premises.)

Sum Insured:

Indemnity Period: 12 months: 24 months:

Security

Please could you confirm the following Security is in place at the premises:

Are final exit/external doors secured by means of either a mortise deadlock or rimlock confirming to or superior to Yes: No:

BS3621, or a key operated multi-point locking system having at least three locking bolts?

Do all ground and basement level opening windows and upper floor opening windows/skylights accessible from Yes: No:

roofs, balconies, fire escapes, canopies, downpipes and other features of the building are secured by means of a key operated locking device or permanently screwed shut?

Are the premises constructed with walls of brick, stone or concrete and roofed with slates, tiles or profile Yes: No:

material?

Are the premises protected by an intruder alarm, installed by a member company of NSI (National Security Inspectorate) and is connected to a central station by means of BT Redcare (or equivalent)?

• Yes:
• No:

Property Claims

Please can you confirm the following:

Have you in the last 3 years had a single claim, loss or damage of £1,000 or more or incurred losses, damages or incurred losses, damages or claims of more than £5,000?

• Yes:
• No:

Are you aware, after enquiry, of any potential disease or injury to an employee that may give rise to a claim? Yes: No:

Have you had an Insurance or proposal cancelled, withdrawn, declined or made subject to special terms? Yes: No:

Have you been convicted of or charged with any offence, other than a motoring offence or conviction spent under the Rehabilitation of Offenders Act 1974?

• Yes:
• No:

Repatriation Services

Do you arrange the transportation and repatriation? Yes: No:

If no, are you contracted just to perform the medical back up?

• Yes:
• No:

When does your responsibility for the transportation begin and end?

What medical staff would be used in repatriation?

Are all registered medical practitioners members of a medical defense organization, or otherwise fully Insured for their own Malpractice, and do you retain records to ensure this?

• Yes:
• No:

Do you accept liability other than under jurisdiction of the UK courts?

• Yes:
• No:

In which Countries do you work?

Declaration

You must complete this section.

Please read the declaration carefully and sign at the bottom.

Material Information

Please provide us with details of any information which may be relevant to our consideration of your proposal for Insurance. If you have any doubt over whether something is relevant, please let us have details.

If any material information is not disclosed we will be entitled to treat the Insurance as if it never existed.

• I/we declare that (a) this proposal form has been completed after proper enquiry; (b) it’s contents are true and accurate and (c) all facts and matters which may be relevant to the consideration of our proposal for Insurance have been disclosed.
• I/we undertake to inform you before any contract of Insurance is concluded, if there is any material change to the information already provided or any new fact or matter arises which may be relevant to the consideration or our proposal for Insurance.
• I/we understand that non-disclosure or misrepresentation of a material fact or matter will entitle the Insurer to avoid this Insurance.
• I/we agree that this proposal form and all other written information which is provided are incorporated into and form the basis of any contract of Insurance.

Name:

Position within the company:

Signature:

Date: