Reply to f your classmates—from different states if possible—after reviewing the

Reply to f your classmates—from different
states if possible—after reviewing the information provided post and comparing
your state stats. Address some of the problems, if any, with the current
malpractice legal system related to malpractice.
Mine
APRNs
and Malpractice
Massachusetts State has reported a gradual
increase in claims over medical-related malpractices among advanced practice
nurses (APNs) and medical doctors (MDs) (Myers et al., 2020). National
Practitioner Data Bank (NPDB) is the most comprehensive source of APN and MD
malpractice claims, lawsuits, and settlements. The review of the tables
illustrated in chapter 29 reveals that NPDB has received more malpractice
claims suing MDs than medical APNs between the data collection period from 1990
to 2014 (Joel, 2018, p. 451). For instance, the reports of medical malpractice
payments in Massachusetts have indicated that more physicians, including
medical doctors, are implicated with 6363 suits against 127 suits against APNs.
Table 29.1 indicates that only 127 suits were filed against APNs between 1990
and 2014 in Massachusetts. However, table 29.3 shows that 6,363 suits have been
filed implicating physicians in medical malpractice payments in Massachusetts
State. 19% of APNs and 40% of MDs associated with medical malpractice payments
received advanced actions for their misconduct.
Hooker Nelson assessed the contrasting
reports for APNS and MDs and linked malpractice to professional liability
(Joel, 2018, p. 450). I note that professional liability results in a situation
where utilization of medical practice among MDs exposes them to more risk of
malpractice payment. Conversely, APNs are exposed to a significantly lower
probability of malpractice payment which is 24 times lower than Physicians.
Despite fewer adverse claims against APNs, they also report high
malpractice-related payouts because their single pay is enormous and affects
the overall mean. Predominant allegations were associated with MDs services,
including diagnosis, treatment, and medication prescription, implicating more
on physicians than nurses. Several reports against doctors’ medical malpractice
payments were linked to more exposure to professional liability than APNs.
Malpractice suits against physicians and
nurses affect patient access because it complicates patient care, compromises
commitment, and develop attitudes (Texas University, 2016). Adverse actions
against physicians and APNs make other practitioners lack motivation and may
result in a turnover. Patients will also experience difficulty being attended
by the physicians they sue because of fear of revenge. Physicians may move to
other states where malpractice is manageable. Besides, the rising malpractice
pays changed employers or states to places where the pay is affordable and
justified limiting patient access to healthcare.
PEER
Malpractice
After reviewing the data from the tables, medical malpractice payments for advanced practice nurses from 1990-2014 was only 147, whereas for physicians, it was 13,470. Additionally, adverse actions against advanced practice nurses from 1990-2014 was only 11, whereas for physicians, it was 3,269 (Joel, 2018). This is likely due to two reasons in New Jersey. The first is the applicability of the Affidavit of Merit Statute. A medical malpractice plaintiff must comply with the Affidavit of Merit Statute (N.J.S.A. 2A:53A‐26 et seq.) when engaging in a claim. N.J.S.A. 2A:53A‐41 states that the affidavit requirement is for physicians and any “other health‐care professional” as well. An APN under P.L.1991, c.377 (C.45:11‐45 et seq.) is a health‐care professional within the meaning of N.J.S.A. 2A:53A‐41. New Jersey courts lack published opinions dealing with the affidavit of merit requirement for APNs, therefore, it is in the best interest of the plaintiff to secure an affidavit of an APN. The second reason for this difference is that Section 10 of the Advanced Practice Nurse Certification Act (C. 45:11‐49) requires a licensed APN to enter into a “joint protocol” with a “collaborating physician” before the APN can be legally permitted to prescribe medications and certain medical devices. Physicians, therefore, must be willing to take on the risk of possible liability for the APN’s actions. Due to the increasing demand for healthcare in NJ, APNs continue to be a growing and much needed healthcare provider. As more patients receive care from APNs, the potential for malpractice claims against them increases. New Jersey malpractice law will continue to evolve as the need for additional providers increases including both the applicability of the Affidavit of Merit Statute and the potential extinction of joint protocols (Rydzewski, 2015).