Nursing and midwifery malpractice in Turkey based on the Higher Health Council records

Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher Health Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated.     

Basics of elder law and legal liabilities of negligence and malpractice for physicians as they apply to individuals with disabilities

This article provides information regarding the issues that physicians face when dealing with elderly patients with cognitive deficits. It includes a discussion of basic legal terms and concepts that medical personnel should understand, various difficulties encountered by patients and families in crisis situations, and how the legal system deals with these issues. It concludes with a general discussion of the legal liabilities of negligence and malpractice.     

护理学生预防医疗事故的态度及其相关影响因素

目的研究护理学生预防医疗事故的态度及其相关因素。方法以调查问卷形式,对219名护理学生进行调查,调查内容包括一般资料、相关因素及预防医疗事故的态度量表。结果被调查学生态度得分为33~79分,平均分为（60.89±6.55）分;本科及接受相关课程的护理学生在态度认知、情感、意向方面与专科及未接受相关课程的护理学生有差异;影响护理学生态度的主要因素是医疗事故经历、课程设置及学历。结论护理学生对预防医疗事故的态度是积极、正性的,专科和接受相关课程的护理学生态度相对更积极。护理学生预防医疗事故的态度及相关因素的研究为护理法律教育提供了方向。     

Introduction to the law

OBJECTIVES: To provide an introduction to the legal concepts that are involved in negligence suits involving oncology nurses. DATA SOURCES: Medline, Lexis, Westlaw, legal literature and texts. CONCLUSIONS: To avoid liability and guard against negligence or malpractice suits, the oncology nurse must be aware of the legal responsibilities of each aspect of the nursing role. IMPLICATIONS FOR NURSING PRACTICE: Protecting yourself against medical malpractice begins by understanding terms and concepts that are essential in instituting legal action against the nurse and incorporating the appropriate risk reduction practices into daily practice.     

《侵权责任法》系列讲座之二:法律适用相关问题

《侵权责任法》试图建立一元化结构的医疗损害责任制度,引致《医疗事故处理条例》(《条例》)的存废之争。作者认为,围绕医患纠纷的民事赔偿法律规制,今后绝不会归于"一元化",而是继续保持甚至愈加"多元化"的态势。《侵权责任法》与《条例》肯定将并行不悖、各有侧重与分工。除《条例》将继续发挥规制作用外,对于《侵权责任法》生效之前诊疗行为结束并已出现损害后果的案例,事发当时有效的其他含有侵权责任规定的法律可能被优先适用,国际公约《经济、社会和文化权利国际公约》第12条及其拓展性文件规定了庞杂的"健康权"相关内容,亦不排除被优先于《侵权责任法》适用的可能性。     

医院在医疗损害赔偿案件应诉中要注意的法律实体问题

随着涉及医疗卫生工作的法律法规不断健全和完善,患者以医疗事故为由将医院诉至法院要求赔偿的案件越来越多,因此提高医院应诉能力十分重要。从法律实体方面看,医院只能按照过错责任原则承担民事责任,坚持不属医疗事故不赔偿的原则。法官对不同时期发生的医疗事故争议应适用不同的法律进行判决,客观公正地维护医患双方的合法利益。     

对临床实习前护生化疗知识掌握和需求情况的调查

目的 :了解护生对化疗知识的掌握及需求情况。方法 :采用问卷对陕西地区 10所医学院校的2 0 9名护生在临床实习前进行调查。结果 :大专、中专护生在化疗知识的掌握及需求方面无统计学意义(P >0 .0 5 ) ,但二者在学习化疗知识的兴趣上有统计学意义 (P <0 .0 5 )。护生对化疗知识的掌握情况欠佳 ,与课程设置、教学内容及授课老师有关。结论 :为了使护生更好地掌握化疗相关知识 ,更好地完成临床实习 ,必须改革课程体系与教学内容 ,做好临床实习前的培训工作。     

Preservation of forensic evidence in the Accident and Emergency department

Nursing staff in Accident and Emergency Departments see large numbers of patients whose injuries may lead to criminal and civil legal proceedings. In an increasing number of these cases, the police will require statements from nursing, as well as medical staff. The preservation of trace evidence, clothing, blood and other samples is often of vital importance in the subsequent legal process. This paper reviews the nature of forensic evidence, its collection, identification and storage. It also offers advice on record keeping, and the issue of consent to the taking of samples.     

Evaluation of the effect of care given by nursing students on oncology patients' satisfaction

Patients' satisfaction with the care given by nursing students will have a say in the development of practical nursing student education and in improving the quality of clinical training. The purpose of this study was to test whether the Turkish version of "The Oncology Patients' Perceptions of the Quality of Nursing Care Scale-Short Form (OPPQNCS-SF)" is appropriate for oncology patients done by studying the tool's validity and reliability and to evaluate the effect of care given by nursing students on oncology patients' satisfaction with the care they receive. The Turkish version of OPPQNCS-SF's item-score correlation coefficients were r(s)=0.38-0.85 (p<0.05). The Cronbach values were 0.91 for the total scale, 0.66-0.87 for the subscales. The results show that the scale is a valid and reliable tool for Turkish patients. The mean scores for every subscale and item were high. The patients were most pleased about the respect they were shown, with the answered to their questions, with the sincere interest shown and with the knowledge of nursesabout their condition. The patients' high level of satisfaction with the care nursing students gave is important to ensure that nurses, who will have primary responsibility for patient care in the future, receive a good clinical and theoretical education.     

Some implications for nurses and managers of recent changes to the processing and hearing of medical negligence claims

Aim This paper considers some possible implications for individual nurses and their managers of moves to delegate tasks formerly undertaken by medical practitioners to nurses, in the light of recent changes in the legal process, relating to the funding and the hearing of cases of medical negligence.
Background It is suggested that the introduction of a system of conditional fees, under which lawyers will only recover their costs if they win cases, may lead to a more specialist approach to negligence claims and to greater scrutiny of medical evidence. The implications of the recent 'Bolitho' judgement, when judges for the first time subjected expert medical testimony to their own independent analysis, are also explored.
Findings It is suggested that in the light of the disparities in the training of medical and nursing personnel and in their disciplinary processes, and in view of the lack of consensus about what training is necessary for those who will substitute for junior doctors, or represent themselves as 'practitioners', 'specialists', or 'consultants', that nurses may in the future find themselves more directly involved in civil proceedings.     

Transfusion medicine technology transfer: Traps to avoid

Technology transfer is the process of commercializing technology and taking it from the laboratory to the marketplace. At some stage in the technology transfer process, a due diligence will be undertaken. A due diligence is an enquiry into the technology and, in particular, its ownership. Research organizations including hospitals, universities, and blood banks need to own the intellectual property that they seek to commercialize. They own the intellectual property created by their staff in the course of employment. But volunteers, students, and collaborators, not being members of staff, will own the intellectual property that they create. This gives rise to due diligence and ownership defects, when intellectual property may in fact be owned by someone other than the research organization that seeks to commercialize it. Joint ownership can sometimes prevent commercialization. An assignment of intellectual property from a volunteer or student may sometimes be required. Such an assignment, if it inadequately deals with all relevant issues, may be void pursuant to laws throughout the world. A void deed of assignment may expose the research organization to legal liabilities. The categories of technology transfer traps to be explored are (1) ownership issues arising from the participation of students and volunteers in research, (2) ownership issues arising from collaborative research relationships, (3) ownership issues arising from the participation in research of visitors from another research organization, and (4) ownership issues arising from inventions made by employees. Each of these is considered in the context of the legal and regulatory framework in Australia, Canada, the United States of America, and the United Kingdom.     

Mock trials and web-based education using malpractice cases: A randomised controlled trial

BackgroundWeb-based education using malpractice cases is increasingly used as an effective program to improve nurses' patient safety competency, and education on legal obligations is vital for nursing students.AimTo evaluate the effectiveness of web-based education using mock trials of medical malpractice cases in improving nursing students' legal obligations, patient safety competency, and critical thinking.MethodsForty-three senior nursing students were randomly assigned to be exposed to blended learning of mock trials (4 weeks) and web-based education (4 weeks) in experimental group (n = 23), and web-based education (4 weeks) alone in control group (n = 20). Pre-test (before randomisation) and post-test (after intervention) data were collected at a university in Korea between October and December 2019.ResultsThere were statistically significant differences in patient safety competencies (t = 3.59, P = 0.001), including skills (t = 2.89, P = 0.006) and knowledge (t = 2.60, P = 0.013), as well as a significant difference in critical thinking disposition (t = 3.09, P = 0.004) between the two groups in the pre−post changes. The two groups had no difference in knowledge and cognition of legal obligation.ConclusionBlended learning of mock trials and web-based education can enhance nursing students' patient safety competency. In particular, mock trials are an active participatory learning method that helps nursing students develop critical thinking skills to ensure patient safety competency compared to web-based education alone. Incorporating mock trial education using medical malpractice cases into the curriculum could enhance nursing students' patient safety competency and critical thinking disposition.     

Learning together: use of simulated patients with nursing and medical students for breaking bad news

This article reports a small research study on the use of simulated patients for teaching medical and nursing students how to break bad news. A total of 34 nursing and medical students undertook the activity in mixed groups. Data obtained from free response questionnaires and a focus group were analysed and independently coded to identify recurrent themes across the data and the two student groups. Students reported that simulated patients gave instant feedback about their performance which they found useful. Students felt that working in doctor-nurse pairs helped them formulate strategies for imparting the bad news and that this made them feel better prepared and less isolated. The article outlines why the use of simulated patients may be valuable and suggests that this form of teaching could be used in other types of communications training. The use of simulated patients appears to have the potential to enhance patient-practitioner and practitioner-practitioner interactions.     

护士学生护理相关法律知识认知情况的调查分析

目的了解护士学生(以下简称护生)护理相关法律知识的认知情况,并提出相应对策,以提高护生护理相关法律知识的认知水平。方法采用自行设计的调查问卷,调查护生对护理相关法律知识了解情况、获取途径和法律知识应用情况。结果 56.2%的护生了解各项护理相关法律法规;55.1%护生的护理相关法律知识是从学校教育中获取;77.0%护生遵守规章制度,18.5%和29.8%的护生了解护理差错纠纷上报制度和能维护自身权益。结论护生的护理法律意识不强,护理法律知识欠缺。应采取多种方法和途径,加强护生护理法律知识培训,以提高护生法律知识水平和法律意识。     

Physician assisted suicide: knowledge and views of fifth-year medical students in Germany

Suicide and assisted suicide are not criminal acts in Germany. However, attempting suicide may create a legal duty for physicians to try to save a patient's life. This study presents data on medical students' legal knowledge and ethical views regarding physician assisted suicide (PAS). The majority of 85 respondents held PAS to be illegal. More than a third of the students viewed PAS in certain situations to be ethically acceptable whereas a smaller proportion thought that it should be legal. Compared with German physicians the medical students taking part in this study were less opposed to PAS. The majority perceived the undergraduate training concerning ethical aspect of assisted death as deficient.     

Surviving the Deposition Blues: Instructions for Advance Practice Nurses in Preparing for and Participating in a Deposition

Medical malpractice rates against advance practice nurses (APNs) are increasing. The 2006 annual report from the National Practitioner Data Bank reported 6208 claims involving APNs. Although many APNs may not believe that they will be involved in a medical malpractice lawsuit, the statistics indicate that this is not the case. It is therefore imperative that APNs be prepared for medical malpractice¹ legal proceedings. The purpose of this article is to review the essential terminology and instructions relating to legal proceedings in a medical lawsuit so that APNs are prepared for a deposition or court appearance.     

中专实习护生技能现状调查分析

[目的]了解中专护理实习生护理技能状况。[方法]采用问卷调查法,调查2007级146名实习护生在实习期间对自身护理技能评价,同时调查139名带教教师对中专护生技能的评价。[结果]认为其操作能力较好的实习护生占10.96%,带教教师占28.78%;认为其沟通能力好的实习护生占41.10%,带教教师占29.50%;认为其处理问题的能力强的实习护生占36.30%,带教教师占33.09%;认为其对医疗护理法律法规知识的知晓度高的实习护生占23.29%,带教教师占20.14%。[结论]中专实习护生操作能力与沟通能力差、缺乏医疗护理法律法规知识,为此,在护理教学中要加强护理操作能力的训练,并在教学中渗透医疗护理法律法规知识以及沟通技巧,以培养实践型、技能型护理人才。     

Improving patient safety by using interprofessional simulation training in health professional education

Modern medicine is complex. Reports and surveys demonstrate that patient safety is a major problem. Health educators focus on professional knowledge and less on how to improve patient care and safety. The ability to act as part of a team, fostering communication, co-operation and leadership is seldom found in health education. This paper reports the findings from pilot testing a simulated training program in interprofessional student teams. Four teams each comprising one medical, nursing, and intensive nursing student (n = 12), were exposed to two simulation scenarios twice. Focus groups were used to evaluate the program. The findings suggest that the students were satisfied with the program, but some of the videos and simulation exercises could be more realistic and more in accordance with each other. Generally they wanted more interprofessional team training, and had learned a lot about their own team performance, personal reactions and lack of certain competencies. Involving students in interprofessional team training seem to be more likely to enhance their learning process. The students' struggles with roles, competence and team skills underline the need for more focus on combining professional knowledge learning with team training.     

Second-year undergraduate nursing students’ experiences with clinical simulation training in mental health clinical practice: A focus group study

AimThe aim of this focus group study was to investigate second-year undergraduate nursing students’ experiences with clinical simulation training as part of their clinical practice in acute mental health care.BackgroundThe quality of bachelor programmes in nursing has been criticised for lacking theoretical and experiential learning in the mental health modules. Novice nurses feel unprepared to care for patients with mental health challenges and graduate nurses are reported to lack the necessary knowledge and skills to manage patients with mental health issues confidently and competently. Clinical simulation training can facilitate the teaching of clinical and non-clinical skills simultaneously and is a highly suitable method within mental health care for addressing gaps in knowledge and skills in communicating with patients. Clinical simulation training may enhance nursing students' competence and thereby reduce the risk of adverse events and increase safety. However, we know little about undergraduate nursing students’ experiences with clinical simulation training as an integrated part of nursing students’ clinical practice in acute mental health wards.DesignExplorative qualitative focus group study.MethodThree focus group interviews were conducted using a semi-structured interview guide with second-year undergraduate nursing students from a university in Norway during spring 2020. In total, 14 students who had experienced clinical simulation training as part of their mental health clinical practice participated in the study. The collected data were analysed using systematic text condensation.ResultsClinical simulation training as part of the clinical practice increased the students’ preparedness, coping and self-awareness. Most of the participants had positive perceptions of the use of high-fidelity simulation-based learning. Furthermore, they highlighted three elements that increased the value of the training. First, the simulation felt authentic and increased their professional skills. Second, the standardised patient had clinical qualifications, which made the simulation feel authentic and close to realistic situations. Third, not having a former relationship with the person acting as the standardised patient enhanced authenticity.ConclusionClinical simulation training as part of clinical practice contributed to increasing the students’ self-awareness and in-depth reflection and to broadening their nursing competence. The present study lays the groundwork for future studies on clinical simulation training in mental health clinical practice for nursing students.