On November 18, 2015 and December 2, 2015, an arbitration took place between Pennbanana Health System (PHS) – the Defendant – and three nurses who were employed there – the Plaintiff, but lost their jobs on account of insubordination. There was an outbreak of Ebola in this hospital, resulting in one of these nurses getting the disease. All three nurses refused working with another Ebola patient after the first patient had died approximately a month prior. Soon after the firing, the Board of Trustees for PHS released a statement to the press that pertained to the reasoning of the nurses’ firing. Personally, if I were an arbitrator, I would not find the Board of Trustees for Pennbanana Health System or the hospital itself liable for any …show more content…
Although the nurses did go through a traumatic experience when caring for an Ebola patient who died, they clearly refused work, without offering to work with another patient. From the moment these individuals became nurses, they knew that they would have a duty to care for people enduring illnesses.
2. Did any breach a duty? If so, how did the breach occur? If not, how did the Plaintiffs fail to prove breach?
According to Merriam Webster, a breach is defined as a failure to act in a promised or required way. As mentioned, these nurses knew their responsibilities of working with sick individuals upon beginning work at a facility and likely before going to college to complete a degree in nursing. It is a requirement of the nurses to care for patients due to it being their job description and the reasoning for why they were hired at PHS. I am unaware of how many staff members of PHS are nurses, however, if three are refusing an assignment, it is likely that the hospital procedures for caring for patients was jeopardized. After all, if the hospital was short-staffed, it was likely that each patient wasn’t getting the adequate care that they needed.
3. Were any injuries suffered? If so, who? If not, how did the Plaintiffs fail to prove injury?
The nurses each shared their stories to how they had suffered as a result of caring for patients with Ebola, as well as through the loss of their jobs at PHS. All three of the
In the Code of Ethics for Nurses provision 4 states “The nurse has authority, accountability, and responsibility for nursing practice; makes decisions; and takes action consistent with the obligation to promote health and to provide optimal care.” This was not done, there was no regard for human life. The patients in the hospital were treated as a burden. A meeting was held where the doctors agreed that
The two provisions from the Nursing Code of Ethics that were violated are Provision 2 and 3. Provision 2 states “the nurse’s primary commitment is to the patient, whether an individual, family, group, community, or population” (Brown, Lachman & Swanson, 2015). Provision 2 focuses on “the nurse’s obligation to assure the primacy of the patient’s interests regardless of conflicts that arise between clinicians or patient and family”(Brown, Lachman & Swanson, 2015). Provision 2 was violated because the nurses
A nurse is given an opportunity to help patients, either if its by helping them through a very serious sickness or just helping a patient get to the bathroom on time, or a time when happiness is overfilling the room and a child is being born. Registered nurses provide a wide variety of patient care services (Mitchell, p.12). A Nurse must always know where to begin and where to stop, as any other career in the health field there is always something that cannot be done by everyone but only the certified person, a nurse must always remain inside her scope of practice to prevent any misunderstandings. A nurse must also follow a code of ethics , the code of ethics of the American Association of Medical Assistants states that a nurse should at all times render service with full respect and dignity of humanity, respect confidential information obtained by a patients file, uphold the honor and high principles the profession and accept its discipline, and last but not least always want to improve her services to better serve the health and well being of the community. (Mitchell, p.65).
Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)
The movie a Civil Action covers the Woburn Case which was Anne Anderson and other small families who decided to sue the companies Beatrice Foods and W.R. Grace. The reason for Anderson and the other families to decide to sue was because they believe the companies dumping of poisonous chemicals was the reason to their children’s leukemia deaths. However, when they reached out to Jan Schlichtmann to handle their case he was not the most positive on wanting to help them, “Ms. Anderson, our firm is very small, three attorneys that's it, which means we can only take on so many cases at once and we have to be very careful on the ones we do take because we can't afford to lose, our clients pay nothing, we pay everything, and the only we get paid back
The NMC (2015) Code of Professional Conduct states that the nurse should "...act at all times in such to safeguard and promote the interests of individual patients and clients". The action of AMU nurse did not comply with this clause while caring for Ms Lisa. It was the ignorance and placed Ms Lisa in a position that was about to cost her Life. Therefore this attitude can not be acceptable.
What role did the individual or group play in taking this case to court? What/ who encouraged them?
Facts of the Case- In March 2010, there came about multiple lawsuits that were merged into one case shortly after Congress passed the Patient Protection and Affordable Care Act (ACA) or Obamacare (National Federation of Independent Business v. Sebelius). With the passing of this act it required U.S. citizen who did not already have health care through Medicaid, Medicare, corporate, or any government-sponsored source to get health care. Citizens who did not have any of the mentioned healthcare sources would be forced into buying into the federally funded healthcare. If they did not buy into the healthcare, there would be a strict penalty
BARBARA J. O'NEIL et al., Plaintiffs and Appellants, v. CRANE CO. et al., Defendants and Respondents.
The outcome of the case was that it was submitted to the jury on the theory of breach of contract and misrepresentation (“Case Briefs”). The jury that was on this case found liability on both counts and awarded $200,000 in compensatory damages and $250,000 in punitive damages against each newspaper for misrepresentation. The Court of Appeals set aside the misrepresentation damages, but affirmed the compensatory damages. The State Supreme Court affirmed the setting aside of punitive damages. Also, decided that the compensatory damages were not enforceable under standard breach of contracts theory. In regards to the Supreme Court, it found that, in a majority decision, that against respondent’s claims that it had no jurisdiction. They cited the Orr v Orr case of 1979 of whether the arguments in
Smithson Healthcare System (SHS) is a not-for-profit health system which serves the greater community of Newland County and other rural satellite counties within the state. In 2013, SHS unfolded a new heart clinic located at their Smithson East hospital as a tactical response to some disturbing outcome data and the evolving healthcare environment. The clinic’s purpose was to improve outcomes for patients with a primary diagnosis of heart failure and respond to reimbursement changes associated with the Affordable Care Act (ACA). After three years of aggregating data on the operating performance of the heart clinic, an evaluation of the impact and success of the clinic is required. This analysis will offer conclusions and suggestions that will influence the future of the heart clinic’s vitality for consideration to Smithson East’s Chief Operating Officer (Chelsea Rigland) and its senior staff.
“The definition of a health professional is a person who works to protect and improve people’s health by the diagnosis and treatment of illness to bring about a complete recovery from mental, physical and social perspectives, either directly or indirectly (Kurban, 2010, pg. 760).” Nurses in the community today have acquired an increasing responsibility to intervene with medical decisions. In the past, there were clear differences between nurses and doctors. It was more common for a nurse to be supervised directly under the physician. They are not just performing Doctor’s orders anymore. The nurse role in patient care has been widely expanded. Allegations against someone can be one of the most stressful moments of their careers. Negligence
Before leaving the refuge, the 33 men realized that their story was their most precious possession and friction arose among them on how the story would be shared. Nevertheless, the men were able to iron out their differences and settled on common grounds that the proceeds of the stories would belong to all of them. The team of experts managed to rescue the 33 men on October 13, 2010. This proved to be a feat of engineering and triumph of faith not only on the side of the trapped men but also of their families who made camp near the mine in their makeshift “Camp Esperanza,” (Camp Hope). The ordeal of the 33 miners serves a best case study to the healthcare fraternity and nurses in particular how cooperation, collaboration, and ethical relationship with one another as well as with the patients could be critical in changing the outcome of a situation. Nurses should thus reflect on the collaborative approach and the ethical relationship between the miners that changed the outcome of their situation.
Each of the seven primary values encompassed within the code of ethics were involved in this case include, providing safe, compassionate, competent and ethical care, promoting health and well-being, promoting and respecting informed decision-making, preserving dignity, maintaining privacy and confidentiality, promoting justice and being accountable (Canadian Nurses Association, 2008). I am going to thoroughly examine providing safe, compassionate, competent and ethical care, as well as preserving dignity. The code of ethics states under providing safe compassionate, competent and ethical care that nurses’ ethical responsibilities are to follow their practice standards, participate in compassionate care exhibited through actions, behaviours and body language, build trustworthy relationships, be able to fully place oneself in the individuals shoes to fully comprehend their situations, admit to mistakes, and prevent and minimize all forms of harm and violence (Canadian Nurses Association, 2008). This ethical quandary displays how this ethical value was not implemented, the health care aids did not place themselves in their shoes and try to understand their thoughts and feelings or how abandoned and meaningless they felt when they were not even acknowledged. No one
Despite the negative reaction and with guidance from Emily medical center’s nurse ethicist she was able to stand firm and stay resolute in her determination to do what was right. Emily was able to properly handle the situation, which is important because the negative effects of leaving this could have been profound.