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. Although I have been a nurse for more than twenty years, I have never heard about the Finnerty v. the Board of Registered Nursing case. However, I was surprised to note that the only main players mentioned in the case were Finnerty and the Board of Registered Nursing. I thought that
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).
Nursing practice is controlled by the individual, state’s Board of Nursing, which oversees and defines the nurses’ scope of practice; hence, ensures that nursing practice is guided by the nurse practice act of that state. Legislation also influences nursing practice, with technology facilitating new break-through in scientific research; the need for changes and or advances in healthcare are detrimental to new and improved regulations within the individual states or at a national level. Additionally, private and or public corporations also affect the practice of nursing in different ways; the policies and funding within these entities may limit the resources
As a nurse it has happened to be an essential need to be conscious of the legal aspects associated with caring and serving people in the health industry today. Unfortunately, only fewer people want to get into the health care field fearing the legal aspects and the predictable law suits. The Tort Law is one of the legal aspects of the law that most nurses is more familiar with. This is the law that involved misconduct and negligence cases, which many nurses take the time to study in depth. This is one of the most universal and well-known laws, something that nurses and doctors must be familiar with, to maintain their care resourcefully.
While the seriousness of a patient’s death should be investigated, the hospital failed to act promptly and investigate the supervisor’s or human resource (HR) department’s denial of reasonable accommodations or the previous errors made by the nurse. Therefore, the wrongful termination seems more likely to have been the case in this situation. The defense will show that rather than terminating her employment earlier the hospital waited until something catastrophic happened. The nurse took appropriate action discussing her health condition diagnosed by her physician that precludes her from working in the ER at full capacity with her supervisor. The nurse should have been given alternative assignments as appropriate or disability leave if no other alternative was available and should not have been terminated wrongfully after the incident (Pozgar,
Ethics, or also referred to as moral philosophy, helps determine when things are right and when things are wrong. To kill or not to kill? To abuse or not to abuse? To hurt or not to hurt? In the nursing profession, as in all major health professional fields, nurses are bound to a certain Nurse’s Code of Ethics (Kelly, 2010). Obey the code, and a registered nurse can potentially live a long healthy career in the nursing field. Violate the nurse’s code of ethics, and one can seek penalties including but not limited to fines, fees, revocation, license suspension, probation, and even imprisonment. So what exactly happens to a Nurse who disobeys the code of ethics? The case between the State of Florida vs Mr. D.R.O. helps in getting a better understanding of what happens when a registered healthcare professional, in this case a Nurse, challenges the nursing code of ethics. Is the verdict appropriate in the defendant’s case? Were the consequences adequately applicable to the damages the defendant imposed? How can future and active registered nurses avoid situations like this in their career? Although the concept of ethics and the answers to some of these questions can seem common sense to most of us, in some cases, our minds can be clouded or disturbed
Cherry, B., & Jacob, S. (2008). CHAPTER 8 Legal Issues in Nursing and Health Care. In Contemporary Nursing: Issues, Trends & Management (5th ed., p. 185, p. 222). St. Louis, Mo.: Mosby/Elsevier.
College of Nursing Program outcome: “Protect the rights of people to receive optimum care and make informed decisions affecting their health welfare.”
Affordable Care Act (ACA), and the aging of the population are the three major factors driving healthcare costs at this time (CMS, 2014). The nursing profession has the ability to contribute to refining the cost-effectiveness and efficiency of care through the delivery of evidenced-based treatment strategies to known populations with communal needs, and by advocating for polices that address the fundamental aspects that influence health and healthcare (Curley & Vitale, 2016, p. 5). The NE must be well-informed of laws entrenched in policy, as well as those central to both healthcare delivery systems and payment structures. Having knowledge of policy and law will enable the nurse leader to provide financial stability and sustain quality
When I first looked at this case and read, “The defendant nurse stated that she understood her assignment at the time of the plaintiff’s admission to this unit was to provide oversight of the patient care on the entire floor for that shift” my first thoughts were, how many patients was this nurse caring for and how many hours did she work? Therefore, I decided to do my third article on nurse staffing in regards to patient outcomes.
In a hospital setting there can be a lot of confusion and ethical issues that arise when it comes to balancing patient care, nurse’s ability, and financial factors. This dilemma is the reason that case management nurses are so important in the health care community. A case management nurse is responsible for medical evaluation of newly admitted patients, being involved in the preparation and implementation of a plan for both in patient and out patient care, as well as other responsibilities like required communications with a payer or insurance company. A nurse manager is also responsible for things in the hospital such as determining the length of stay, based on factors like doctor’s orders, availability of beds, severity of condition,
The laws in the article were impaired nurses- which states that a nurse’s license would be protected if admitted substance use and sought treatment, but it is a violation to practice when impaired. Next law is patient abuse- a patient that is abused verbally, physically emotionally or sexually puts a nurse at risk and can be a “he/she said” situation if abuse is verbal. Another law is patient abandonment- which deals with refusal of taking a patient due to health status, socioeconomic status or personal attributes and if given an unsafe assignment and the nurses leaves, that is abandonment. The law of license renewal states that the answers provided on the renewal application were truthful and honest, disciplinary actions and why terminated employment. Delegation of nursing tasks is knowing what is violating delegating of nursing tasks that compromise patient safety. Confidentiality is defined through HIPPA which protects patient information of any kind as well as your own. Affirmative duty to report regards the notification, including to the Office of the Attorney General, of any unprofessional conduct that occurs and that may jeopardize patient safety. It is a duty to report! Lastly, the law of disciplinary defense insurance explains that nurses usually have malpractice insurance from the nursing service organization (NSO) and if a nurse is to appear before the board, they have a right to counsel and this law helps with costs of
The school nurse has many laws that help guide in caring for the school students. The Department of Education and Department of state are some areas of law that assist nurses in the school setting.
" Identify mechanisms within health care systems that provide opportunities for RNs to affect institutional policies.
An understanding of how policies are made, evaluated and modified is necessary to help nurses shape healthcare policy (Mason, Leavitt, Chaffee, & O’Grady, 2016). Currently, in my place of employment, nurse case managers whom live in a non-compact state are encouraged to obtain a state licensure in eight states other than the state in which they reside. These eight states are the states where they have the highest case load of members requesting services. Of course, nurses may apply for licensure in more than eight states if the nurse has members located throughout the United States.
The Florida State Board of Nursing meet bimonthly, generally during the first week of every even month. The full board meetings include disciplinary cases, application review, committee reports, rule discussions and other necessary Board actions. Board meetings are open to the public. The meeting of my state board of nursing chosen for this scholarly paper related to Government Regulation: Public Policy, occurred September 26, 2017 the meeting agenda continued to covered amendments’ to Administrative Complaints, (filed by state prisoners’) to consider cases where probable cause has previously been found. The meeting also addressed that Letters of Guidance (C’s) and Dismissals (D’s) are all CONFIDENTIAL