Answer

Elements of Malpractice and Malpractice Insurance

1. Discuss the Elements of Malpractice

Four elements of malpractice include duty, breach of duty, injury causation, and injury. The element of duty is established by the presence of a provider-patient relationship. This element states that there must be an obligation owed to the patient including a safe environment and a responsibility to adhere to physicians’ orders for patients (Fuchsberg, 2016, para.2). The element of breach of duty involves the failure of the nurse practitioner to meet the obligation of using reasonable, ordinary skill, care, and diligence as nurse practitioners in good standing in similar practice environments. The element of injury causation holds that a malpractice occurs when a breach of care standard result in injury to a plaintiff (Brous, 2019, p. 65). As such, malpractice is absent in situations where practitioners are negligent, but do not cause injuries. The element of injury emphasizes the existence of a causal relationship between care standard and injury.

2. 2. Discuss the need for Malpractice Insurance

Practitioners need to have malpractice insurance to safeguard them and their patients. Even though nurse practitioners can avoid malpractice claims, they must have adequate preparations for such claims for them to safeguard against far-reaching and devastating consequences for their practice, their lives and their patients’ lives (Heuer, 2019, para. 1). Health care delivery system is increasingly becoming complex and NPs have an obligation to protect patients and themselves from consequences of malpractice (Heuer, 2019, para.1). The presence of a malpractice insurance coverage ensures that patients and health care providers are protected. Therefore, there is a significant need for adequate malpractice insurance for protecting NPs and public from the long-term and immediate implications of malpractice settlements or claims.