This was a very one-sided case in which the Union desperately tried to support and defend one of its members, whom purposely and with just cause put patients at risk. The hospital in this case suspended a nurse, Hyer, for five days for dereliction of his duties which resulted in unnecessary pain and suffering to a recovering patient, a severe infraction to say the least. In other cases, it is believable that the arbiters job is in discerning the right course of action is decidedly more difficult, in the case of Nurse Kevin, there is difficulty and the suspension should stand. The arguments in this case focus around what Mr. Hyer to believe an unlawful order that not only put himself in danger but that of a patient, the issues were
The Patrick Haynes case involves the violation of reasonable care, after being assaulted by three correction officers that caused intentional trauma and injuries to his rectum area. The details of the case are that inmate Patrick Haynes assaulted a correction officer after being written up for misconduct. Inmate Patrick Haynes assaulted the correction officer by throwing feces and urine in the unsuspecting officer’s face. Later that night after lights out, the three correction officers went to his cell, restrained him and forcibly inserted a broom stick into his rectum. The next morning he was found by day shift officers and transported to the infirmary. Patrick Haynes after receiving medical care sued with judgement being found in his favor.
He claimed that a new shift system had caused at least one death and one unnecessary operation taking place, and said that he and a small number of consultants were overworked and patient safety and continuity of care were compromised. The claimant had told the Manchester hearing he raised his concerns about the new ‘Consultant of the Day’ system with the trust clinical director Mr Watson and then the trust medical director Mrs Schram; however, he was reprimanded and told not to voice concerns again. The consultant said he was then investigated over a series of ‘malicious, vexatious and frivolous’ allegations and ‘imaginary deaths and complications had been conjured up’ to create a case against him. He believed that the investigation and the process from the beginning was about punishment for raising his clinical concerns, and he argued that the investigation did not examining the veracity’ of the allegations against
The case Stowers v Wolodzko presents complex issues concerning the liability of a doctor for actions taken following a person’s confinement in a private mental institution. During the mist of a martial conflict the husband called a psychiatrist to come to his home and evaluate his wife. A colleague, Dr. Smyk, and the psychiatrist, Dr. Wolodzko, arrived without explaining to the wife, Stowers, the purpose of the visit. Ethel Stowers was forcibly dragged from her home in ambulance and admitted to Ardmore Acres under the care of Dr. Wolodzko. During her 23-day stay, she was denied the right to write or receive letters, use the phone, or consult with an attorney. She refused treatment but was forced to submit. Dr. Wolodzko and Dr. Smyk signed
Contrary to the alleged, Dr. Brock refuted the claim, defending that he never established a doctor-patient relationship with Anita, which relieves him of liability. In order to validate his refute, Dr. Brock provided four factual elements that were supported by his counterparts; Dr. Whitfield and Dr. Ketcham. The four elements that were presented in the affidavit included: (1) That there has never been a doctor-patient relationship between Dr. Brock and Anita Oliver, (2) Dr. Brock has never seen or talked to Anita or Cathy Oliver, (3) Dr. Brock was not employed, engaged or requested to serve as a consultant to treat Anita, (4) and Dr. Brock was not employed or engaged to consult with doctors treating Anita, concerning complaints or medical problems. In order to support Dr. Brock’s refute, Dr. Whitfield and Dr. Ketcham provided affidavit’s as
. The husband of the plaintiff file a petition to the court that his wife[plaintiff] is mentally ill and needs to have a court order directing the admission of her to the mental health hospital. The petition initiated by plaintiff’s husband is the order of the Wayne County probate court, and it is also appropriately certified by Doctors Wolodzko, who after appearing in her house and introducing himself as a doctor , and have a conversation with her in person that day and another day in telephone, determine that she is suffering from paranoid schizophrenia and Smyk. The court gave the order and the Plaintiff was taken by ambulance from her home to a private psychiatric
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.
The Superior Court of Los Angeles County became a pivotal case in a patient’s right to refuse treatment. In the initial case Ms. Bouvia and her legal team sought a court order to have the NGT removed and to stop all medical treatments she did not consent to. She argued that this treatment would not be a cure for her condition and would not improve her quality of life. The hospital staff argued the interest of the state prevailed over a patient’s right to refuse treatment. They noted that the state and healthcare teams viable interests include: “(1) preserving life, (2) preventing suicide, (3) protecting innocent third parties, and (4) maintaining the ethical standards of the medical profession, including supporting the right of physicians to effectively render necessary and appropriate medical services” (Liang & Lin, 2005). Additionally they sighted Ms. Bouvia’s failed previous attempt to “starve herself to death” in 1983 with the assistance of her medical team. The court denied her request citing these key interests and the fact that medical professionals felt that Ms. Bouvia could live 15-20 additional years with supplemental nutrition justified the state’s interest in preserving her life. The court also stated that any other decision would be condoning a medical team to aid and abet suicide.
On January 19th, 2009, Ian Andrews was given a seven-month suspension from the nursing profession. A year prior, Andrews was working as a full-time practical nurse at a mental health and addictions hospital located in Ontario. The client affected by Andrews ' actions was an elderly individual, who was diagnosed with autism and presented occasional periods of rage and fury. The client’s care plan involved managing periods of aggressiveness through staff support and the use of restraints, as necessary. On the day of the incident, staff nurses noticed that upon the client’s grunt, Andrews punched the client in the face several times, as the client tried to cover his face. Andrews then took the client into the bathroom where thudding noises were heard. Upon arrival, the nurses noticed Andrews standing over the client uninjured, with the wall covered with traces of blood and a broken faucet resting in the sink. Later in the evening, Andrews ' left a progress note within the client 's chart which described that the client had injured himself due to a period of restlessness. Upon patient assessment, a wound was noted on the client’s bottom lip along with minor lacerations present at the back of the client’s head.
The court must listen to the evidence received by two doctors and their evidence must satisfy the court that the offender is suffering from a mental illness as described under the definition above and that their detention is appropriate for medical treatment to take place. They must also assert the court that appropriate medical treatment is available for the offender and when considering to imposing the above order the courts must also take into consideration the offenders history and character; any other relevant circumstances and any other alternative methods that could be imposed. All other avenues must also be explored before the court makes its final decision. the evidence given by the doctors must ascertain the court that hospitalisation is the most beneficial course of action to take in this offenders case (MHLO, 2010)
The company refused to bargain in bad faith. according to Beatty, Samuel son one amongst the necessary subjects of bargaining is that the employees' wages. thus the company should participate in bargaining with the union. once the union asked for a raise, the company counter offered the raise with a far lower quantity and stated that something on top of that quantity would bankrupt them. All the union did was raise to visualize the proof of being therefore near bankrupt by watching the books. By refusing to indicate their books to the union, this created Associate in Nursing act of bad faith. The National Labor Relations Act aims at encouraging resolution of disputes at work place through negotiation so the staff will peacefully resort their
The patient was initially admitted due to terminal cancer, his family wanted him to have a procedure, but he elected not to do so due to the risk of being in his mid-eighties. Instead, he remained in the hospital for comfort measures because the pain was unbearable without medication. His son did not accept the fact that his father was dying and this created family arguments about the care of the patient because the family did not believe the patient knew what he was doing by declining treatment.
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
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
This event started with the lack of care and interest to notice nurses of Watsonville Community Hospital complaints. Nurses were well over due with frustration at the way administration was handling safety and care of the patients. Also workers at this location were being mistreated and underpaid. A major concern was the under staffing which can put a company in a damper. Being under staff can cause destruction for a company. This situation could have been settled and the death of the patient could have been prevented. Nurses tried numerous times to get the administration attention about the problems occurring. Roughly, two hundred nurses’ strike out against this hospital; leading to the death of a patient. Community hospital hired a replacement
Nurse Mark could not fully assist in Hai’s nursing care if he has not checked his previous medical records. His understanding of Hai’s condition means treating his mental-ill health before his physical symptoms. Additionally, seeking Dr. Chin’s expertise helped Mark in dealing with the situation, allowing him to act and perform his duties