Case of: Ellen Hughes Finnerty v. Board of Registered Nursing
Introduction to Case
According to FindLaw (2008), Ellen H. Finnerty, a registered nurse is requesting the Board of Nursing in Texas to set aside the judgment where she was disciplined for gross negligence and incompetence. The board’s decision came after an incident where Finnerty chose not to comply with a physician’s order to intubate a patient before said patient was transferred to the ICU. In August 2002, Finnerty was working at Huntington Memorial Hospital as a charge nurse. A nurse (A. Magi) that was caring for patient(J.C.) begin to display symptoms of respiratory distress, such as rapid and labored respirations of 40 and an oxygen saturation of only 70%. With the assistance of a respiratory therapist, the patient was suctioned and Nurse Magi received orders from the primary care physician for 100% oxygen via a nonrebreather mask with the oxygen saturation to be maintained above 94%, several different blood test, for the administration of a diuretic. After the orders were performed and the patient was continually monitored, there were no changes to the respiratory rate. Another call was placed to the PCP, there was an order given for the patient to be transferred to the ICU and stat intubation. These orders were relayed to Finnerty, who then assessed the patient, but did not disclose her findings with the medical staff. Lab results indicated that insuffient blood oxygenation and acidosis. The
A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have
The district nursing team were now to be responsible for the wound care of an ulcer on the sole of her right foot on her impending discharge. She had previously attended the practice nurse and a podiatry service based within her local clinic. Due to a change in circumstances, she was now clearly housebound for the near future due to mobility issues. Prior to an arranged visit, the patient had called the nurse to advise her that she was pyrexial and was experiencing a pain in her right foot that was different from her normal neuropathic pain, which was often problematic. She was also finding it difficult to mobilise and was disinclined for diet but was taking oral fluids.
The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).
If the defendant would have adhered to the numerous safeguards for nurses, it could have prevented the alleged wrongdoing. According to the American Nurses Association’s Code of Ethics for Nurses, nurses must advocate for proper assistance for coworkers when indicated. This supports nurses in early recovery when they return to work (O’Neil, 2015). If the coworkers of the defendant would have recognized her issue and spoken up prior to December 9th. 2015, than this hearing could have been prevented. It is the nurse’s ethical responsibility to safeguard the patient, the public, and the profession from prospective harm when a nurse appears to be impaired. This can be
The first issue involves the violation of sterile procedurel by a nurse in the operating room. This violation of protocol may have placed the patient at risk for an operative infection. A claim of negligence requires four elements to be satisfied (Pozgar, 2016, p. 66). The fist is duty to care. The surgical procedure having been performed at this institution fulfills this requirement. The second is a breach of duty (Pozgar, 2016, p. 71). The operative nurse violated the hospital and operating room protocol for the use of operative instruments and violated the polices for sterile technique. This serves as the breach. The third component is injury (Pozgar, 2016, p. 72). The presence of infection, the need for prolonged antibiotic treatment and the possible need for a reoperation would meet the injury requirement. At last evaluation by Dr. Smith, the patient had signs and symptoms consistent with infection at the surgical site. The final criteria is causation (Pozgar, 2016, p. 73). Unless another cause of
On Wednesday 09/21/2016 at approximately 2056 hours, Security Officers Lourdes Garay and Supervisor Steven Evans were dispatched to ICU room #4112 for a (53B) Disorderly Baker Act Patient in Medical Unit. Upon arrival, Officers saw Nurse Cassandre Jermaine and Charge Nurse Cristina Sisneski attempting to calm down an irate Baker Act patient. The patient Adam Bargar (DOB: 02/05/77, FIN #86198457) was upset about not being able to make a phone call, he then ripped his IV out and attempting to leave the unit. I explained to him what a Baker Act patient is allowed to do and what limitations are obligatory. He was also explained to him that he was not allowed to leave his room until medically clear by his Physician. Security staff was asked to stand
The hospital and physician were both found to be negligent. Elements of negligence are (injuryclaimcoach, 2017):
I am Myrna Montoya, a registered nurse from New Jersey and currently taking the RN-BSN online program at Notre Dame College, South Euclid, Ohio. In our course on Health Care Policy in Complex Adaptive System, the students were given the opportunity to review the 2002 case of Finnerty v. the Board of Registered Nursing. As was ruled by the Court of Appeal, Ellen Hughes Finnerty, a registered nurse, was found guilty of gross negligence and incompetence.
Two experienced nurses had been working at the Winkler county hospital for more than 20 years. In 2009, Ann Mitchell and Vicki Galle became whistleblower in the small town of west Texas. The nurses field an anonymous report to Texas Medical Board regarding to retaliation in the hospital. In the letter, the nurse stated the unsafe practices of Dr. Rolando Arafiles. The nurses were concern about the improper treatment to patient provided by Dr. Arafiles. Since. Dr. Arafiles tried to misuse his connections in order to save himself. Upon receiving the notice from the Texas Medical Board, Dr. Arafiles contacted his good friend and patient-Winkler county sheriff. Dr. Arafiles filed a complaint of harassment by the nurses to the sheriff. The sheriff started investigating the complaint and obtained the copy of the TMB report that clearly identifies that Mitchell and Galle had filed a complaint. Then, the sheriff obtained a search of warrant and seized each nurse’s work computer and found the copy of TMB letter. The nurses were charged with the third degree felony for misuse of official information to cause damage to the physician. However, the TMB disputed with District and County Attorney over the charges asserting that there was no misuse of official information in the state-governing agency. The complaint process allows anyone to report a physician for any unsafe, improper or poor practice including nurses. Since TMB is a government agency there was no violation of Health
It is always important to follow doctor’s orders. In the New Jersey case of Szczuvelek v. Harborside Healthcare Woods Edge, that is exactly what nurses failed to do. Nurses at Harborside Healthcare Woods Edge failed to follow the hospital medical order for patient Eugene Burns stating that he be suctioned every four hours. Not only that but they also failed to follow the nursing home orders that required healthcare personnel to "suction Q shift and PRN." Burns had to be suctioned because on February 1999 he had been admitted to Robert Wood Johnson Hospital in New Jersey for treatment of an aneurysm. During that surgery a tracheotomy tube had to be inserted which left him unable to speak. On April 13, 1999, after two months of being in the hospital he was transferred to the nursing facility for
The case stated that the decedent complained of epistaxis, anosmia, diurnal pain located in the frontal region of the head in addition to trouble breathing, which was not described in the decedent’s chart. All healthcare professionals have a duty to generate and keep a detailed, relevant, timely, and factual record regarding patient care and treatment (Rudolph, 2013). Furthermore, in a malpractice case, injudicious, inaccurate or incomplete charting can be damaging in a court of law; therefore, good documentation can be a vital defense (NSO, n.d.). According to the Nurses Service Organization (NSO) (n.d.), it is important for Advance Practice Nurses to include in their documentation the nursing process, differential diagnosis, and their professional capabilities. The NSO also recommends that the Advance Practice Nurse chart if a patient's medical complaint does not improve as foreseen in spite of the outlined plan of care for the disease or disorder; therefore, the diagnosis must be
This case is a result of a seventy-two year old woman that died in the care of a nursing facility after being transferred from the hospital due to an overdose in morphine. When the victim was transferred to the nursing home, the nurse practitioner on duty at the time noticed the double prescription of morphine on the orders and instructed a nurse on duty to confirm with the hospital pharmacist that this was intentional or if they should be revised. The nurse obeyed orders and the transferring hospital’s pharmacist confirmed that the orders were correct, so the victim was admitted.
The nurse and ER doctor failed to recognize how the medications react by relaxing the skeletal muscles, compromising Mr. B's lung expansion. Since Mr. B could not walk around to expand his lungs, he could have benefited from bronchodilator treatments or supplemental oxygen. When the LPN addressed the low oxygen alarm by resetting the alarm and leaving the room, she neglected to assess Mr. B and failed to perform her duties as a nurse.
The patient’s son accused the nursing staff of mistreating his mother by administering pain medications to frequently which was causing his mother to be overly sedated and would not allow administration of pain medication without his approval first. The son was refusing to accept his mother’s condition and assumed his mother would make a miraculous recovery, he was always coming to the hospital in the middle of the night drunk. Because the nursing staff was distressed over the son’s refusal to accept his mother’s condition, an ethics meeting was convened to decide what was ethically appropriate for the patient. After the meeting, the patient was changed to comfort care and nursing staff was allowed to administer medications as necessary to keep the patient comfortable. The nursing staff updated the son twice a day on his mother’s condition and the patient soon passed away with her son at the bedside.
There are many different variations of healthcare professionals that assist people in regaining and maintaining a healthy lifestyle. The career field of licensed nursing is often considered to be one of the most vital professions within the medical community. Registered nurses work to prevent and heal various different types of injuries, diseases, and illnesses. They are also responsible for administering a variety of patient services, consisting of individual patient care, analyzing and monitoring patient medical reports, and also possessing the ability to operate technical medical equipment. As well as, be able provide comfort and emotional support for both physically, and mentally ill patients. All Registered Nurses are responsible for providing patients with quality health care, in compliance with professional standards set forth by the American Nurses Association. As the field continues to rapidly evolve, an increase in responsibility is placed upon registered nurses to maintain a professional standard of care. With the increase in responsibility, the role of registered nurses consistently changes to accommodate individual patient needs. As a result, the rise in responsibility placed on registered nurses correlates to a higher probability of malpractice and negligence occurring within the community. The consequences of malpractice and negligence can