Outline

Healthcare Litigation

• Evolving trends in nursing litigation today
• The essence of the story behind litigation
• The burden of proof
• The expert witness seals the deal. Understand the impact.
• Learn whether you should (or shouldn’t) have your own malpractice coverage

The Components of Documentation

• Guidelines and interpretation
• Avoiding mistakes
• A lawyer’s secret weapon: Time stamping on YOUR documentation
• Social networking and indirect care
• Timeline chronology and mapping the case

Electronic Nursing Documentation

• American Recovery and Reinvestment Act
• Meaningful Use
• Risky electronic documentation practices
• Charting by exception
• Dangers of email, social networking, and texting
• Should you make a late chart entry? Or not …?
• Avoid the hazards of dropdown boxes in your medical record system

Electronic Medical Record Strategies

• Time management
• Liability
• Software knowledge/Informatics
• Does the case have merit?

Reimbursement and Documentation

• Medicare and Medicaid Changes
• Incentives for participation
• Hospital Acquired Conditions

Elements of a Lawsuit

• Plaintiff complaints
• Medical record review
• Timeline chronology
• Evidence
• Plaintiff deposition testimony

Documentation: When Things Go Wrong

• Compliance
• Unsafe processes
• Regulations
• Incident reporting
• Adverse events and risk factors
• When to ask/demand help from a supervisor
• When the patient must transfer out
• Standards that are within standards
• Deviations, real or perceived
• Errors of omission and commission
• Communicating clearly
• Defense deposition testimony

Avoiding Risky Documentation

• Credible evidence
• Avoiding ambiguity
• Recording events objectively
• Late entries and correcting errors

What if the Worst Happens

• Duty/Breach of Duty
• Nurse Practice Act
• State Board of Nursing
• Depositions