providing patient services within limited time constraints W r i t i n g
You are replying to another students discussion Board Post. Here is the original instructions that this student was answering:
Chapters 10, 11, and 12 of the Pozgar text each address a different area of practice within the healthcare environment. Identify the chapter that most closely applies to your personal area of practice (current or aspirational), read that chapter, and be prepared to explore the legal and ethical issues in that practice area.
- Chapter 10: Medical staff organization and malpractice
- Chapter 11: Nursing and the law
- Chapter 12: Hospital departments and allied professionals
Prompt: Based on the chapter you selected, your personal experience, and a biblical worldview, write a Discussion Board Forum thread identifying and analyzing the legal and ethical issues specific to your area of practice.
Your analysis must be supported by at least 4 scholarly sources, including the textbook chapter(s) and the Bible, cited in current APA format (note that this is a different requirement than the previous Discussion Board Forums). Upload a Word document copy of the post into SafeAssign for plagiarism review; then, copy and paste the content into the Discussion Board Forum (do not post with attachments). Title your thread with the area of practice that you analyzed.
Here is the instructions given for creating a reply. I attached my original post for comparison as in in the reply instructions:
Reply prompt: Respond to threads posted by 2 classmates who analyzed a different area of practice than you did. Compare and contrast the legal and ethical issues of your area of practice with those explored by other students. Each reply must be supported by 4 scholarly sources, including the textbook chapter and the Bible, cited in current APA format (note that this is a different requirement than the previous Discussion Board Forums).
Here is the students Original Post you are replying to:
Health care delivery has always been a complicated process ( Dronberger, 2003).Since the mid-1970s, American health care has been experiencing an overwhelming growing account of malpractice claims (Kobler & Lucado, 2005). Malpractice in these instances often is described as professional negligence (Kobler & Lucado, 2005). Colossians 1: 20 says : “ And through him to reconcile to himself all things, whether on earth or in heaven, making peace by the blood of his cross” ( ESV). In each circumstance, even in malpractice claims, Christian health care providers must go above to right and prevent wrongs. Though malpractice claims are the highest among physicians, health care providers also experience the risk of malpractice with each patient they encounter (Knobler & Lucado, 2005). Among these health care providers are physical therapists. Physical therapy treats neuromuscular or musculoskeletal disabilities through the art and science of treatment and prevention of an individual’s disability and their potential to be rehabilitated ( Pozgar, 2019). Physical therapists use physical agents and neuromuscular procedures that help optimize the patient’s physical functioning ( Pozgar, 2019). Physical therapists have an obligation to their patients, and various agencies and institutions (Dronberger, 2003). Since various physical disabilities can be contributed to by injuries and medical issues, physical therapists hold an important function of achieving a patient’s total health (Pozgar, 2019). Because of this, physical therapists, just like any other health care professional, have legal duty to be in adherence to provision of the acceptable level of care while conducting treatment ( Pozgar, 2019).
A physical therapist achieves negligence through the failure of providing treatment and/or rehabilitation that is up to the acceptable standard of care ( Pozgar, 2019). However, physical therapists can avoid the risk of malpractice litigation through adherence and clarification of a physician’s treatments plan that is prescribed, reviewing the history and risk assessments of a patient, preparing and inspecting equipment that will be used, and observing and providing feedback to patients (Pozgar, 2019). Further, physical therapists can also use proper protocol for record incidents and medical records to decrease exposure.
Within today’s health care climate, physical therapists are being increasingly expected to accomplish more within less time (Kobler & Lucado, 2003). Physical therapists form a group of practitioners, like many health care providers, who are challenged with providing patient services within limited time constraints and within the regulations of multiple institutions ( Dronberger,2003). Physical therapists unintentionally breach standards of care and ethics due to attempting to meet these demands(Dronberger, 2003). This unintentional behavior includes shortcuts in communication and the delivery of care in order to meet with productivity standards within their immediate organization (Dronberger, 2003). “ As the focus on cost containment continues to sharpen, practitioners may feel the need to blunt their patients’ interaction inorder to move more swiftly from patient to patient” (Dronberger,2003,p.152). However even if the cost containment might appear to be successful, effectiveness of services tends to be undermined as a consequence of these actions (Dronberger, 2003).The legitimacy of malpractice cases in physical therapy include international wrongful conduct, negligence, breach of therapeutic promise, and absolute liability due to dangerous clinical activity or equipment (Knobler & Lucado, 2005). Physical therapists have areas that are heightened for liability such as the “ Failure to obtain a completed prescription from the prescribing physician, failure to follow physician’s orders or to clarify such order, aggressive treatment, and treatment burns from hot packs ( Pozgar, 2019, p.324). The American Physical Therapy Association has added that lawsuits against health care providers are commonly due to poor communication, including the inadequate rapport between patients, therapist, and patient expectations that go unmet ( Dronberger, 2003).
With these increasing time constraints, many physical therapists feel they do not have enough time to accurately and thoroughly document the care of patients (Kobler & Lucado, 2003). Lack of adequate and accurate documentation of patient care not only impacts the quality of care but also increases the risk of litigation due to malpractice (Kobler & Lucado, 2003). Medical records and documentation serve a major role in risk management programs within a facility (Kobler & Lucado, 2003). “ Medical records are legal documents that serve as the most valuable piece of evidence as to what transpired between the patient and the healthcare provider” (Kobler & Lucado, 2003, p.124). A medical record that is complete and accurate can provide a clear picture of care that can help dissuade litigation against a provider(Kobler & Lucado, 2005).
Risk management to litigation can be furthered through the use of incident reports. These reports document, address, and record information about any adverse event that may have occurred due or during a treatment session (Kobler & Lucado, 2005). This can serve for both quality management and risk management within a facility ( Kobler & Lucado, 2005). Incident reports should be recorded anytime anything occurs that is out of the norm ( Kobler & Lucado, 2005). This includes defective equipment, threats of violence, dissatisfaction of care, and any injury that has occured to a staff or patient (Kobler & Lucado, 2005). Incident reports should include the documentation of witness,
Limiting litigation can be done through staff training and requirements, chart audits and the building of good patient-therapist rapport ( Kobler & Lucado, 205). Ensuring that there is clear accurate documentation and written informed consent can also aid in the reduction of negligence claims risk (Kobler & Lucado, 2005). Proper and adequate documentation is a technique that should be learned and practiced frequently in physical therapy treatment, just as it is in other health care clinical settings (Kobler & Lucado, 2005). This documentation further needs to be established as a requirement for therapists within their organization. Physical therapists should also become further aware of their legal obligations to patient care ( Kobler & Lucado, 2005). This is essential due to the fact that any situation within this line of health care can be a potential hazard for liability (Kobler & Lucado, 2005). Further, physical therapists can decrease their liability exposure by adhering and clarifying to physician’s treatments plan that is prescribed, reviewing the history and risk assessments, preparing and inspecting equipment that will be used, and observing and providing feedback to patients (Pozgar, 2019).
Dronberger, J. (2003). Fraud and negligence in physical therapy practice: a case example.
Physiotherapy Theory and Practice., 19(3), 151–159.
ESV: Study Bible: English standard version. (2016). Wheaton, IL: Crossway Bibles.
Kobler,M., & Lucado, A.M. (2005) Risk management strategies in physical
therapy:documentation to avoid malpractice. International Journal of Health Care
Quality Assurance, 18(2), 123-120. doi:10.1108/09526860510588151
Pozgar, G. D. (2019). NVPMD: Legal aspects of health care administration. 13E-Liberty
Custom. Burlington, MA: Jones & Bartlett.