Negligence
HCS/478
October, 2011
Negligence In this paper the subject to discuss is a newspaper article given in season three, episode seven of Pearson Health Science Neighborhood in the course materials section of University of Phoenix student Website. The article “Amputation mishap, negligence cited” is about the wrong leg amputation of 62-year-old Joseph Benson, a diabetic patient who suffered from poor circulation for five years. The hospital where he had surgery is experiencing nursing shortage and union problems (Pearson Health Science, 2011). The incidence of wrong leg amputation occurred as a result of negligence. This could have avoided by completing a pre procedural checklist, site marking, and time out and proper
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Importance of documentation In today’s health care field nurses are accountable for documentation of patient information that accurately reflects nursing assessment, plan of care, intervention, and evaluation of the patient’s condition. To satisfy ethical and legal requirements, documentation in this case should show that the standard of care was met by following standard of care set by JACHO. Ethically, the nurse’s primary goal is to protect the patient and to act as his or her advocate. Documentation will include the verification process, site marking by the surgeon involving the patient, and time out. The verification process will include identifying the correct patient with two identifiers, completing a checklist, and obtaining patient’s medical records and imaging studies. Time out is performed by verification of the patient, surgical site, and procedure in the operating room by each surgical team member. Following these steps will protect patient ethically and legally. Because the nurses and doctors did not uphold the standard of care by implementing the time-out, Joseph had the wrong leg amputated. His rights were violated legally and ethically. Two ethical principles that would guide a nurse’s practice in Joseph Benson’s case are beneficence and nonmaleficence. Beneficence is the duty to improve the condition of others and nonmaleficence is the duty not to injure
As a registered nurse practicing in the state of California I am responsible for practicing within my states legal regulations and nursing scope of practice. My concern for the welfare of the sick and injured allows me to practice ethical provisions of nursing. These are required if I am to carry out competent and effective nursing care. Nursing encompasses the prevention of illness, the alleviation of suffering, and the protection, promotion, and restoration of health in the care of individuals. Therefore, as health care professionals we must be familiar with the different philosophical forces, ethical principles, theories and values that influence nursing. At the same time, we must be respectful to our patient’s
“Be the one who nurtures and builds. Be the one who has an understanding and forgiving heart one who looks for the best in people. Leave people better than you found them.” Nursing is more than just doing assessments and giving medications; it is going beyond that to know what is right or wrong, what can and cannot be done, and what is considered harming the patients rather than doing them good. In nursing, there is a fine line between what is considered to be negligence and beneficence. According to Marquis (2017), “Ethics is the systemic study of what a person’s conduct and actions should be with regard to self, others human beings, and the environment (pg. 83), on the other hand, it does not necessarily mean that their
The negligence of this incident had a negative impact on the patient’s family members. Approximately 25% of cases involving medical negligence involve poor nursing care. Another negative aspect was patient’s family follow up was poor resulting in lack of importance highlighted on the pressure wounds. Ashley (2003) states nurses can be sued for malpractice, this means he or she is being sued for “negligence”. Furthermore, the nursing health professionals can lose its credibility among a community as they failed to provide a holistic care for the patient. However, a positive outcome was nurses were able to reflect among this evidence based practice to assist in better quality in patient
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).
When assessing whether a no fault regime is better than a negligence rule in dealing with the causes and consequences of medical error, it would seem prudent to first understand the meaning of the term “medical error”. Liang defines medical error as ‘a mistake, inadvertent occurrence, or unintended event in health-care delivery which may, or may not, result in patient injury’ (2000, p.542). The consequence of these errors (or adverse events) that lead to patient injury, and the method by which we determine and administer compensation for such injuries, has been the source of heated debate amongst scholars in recent
When discussing the principles and definitions of ethics, the terms beneficence, fidelity, and justice are demonstrated within this particular scenario. Beneficence is described as the will to do good for the sake of the patient as well demonstrating compassion (American Nurses Association, n.d.). The nurse can practice beneficence by looking out for the
“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
Section 1: In the first section of the paper, you should give careful thought to how you might define the policy problem.
First is the principal of beneficence which “requires nurses to act in ways that benefit patients” (Burkhardt, 2014, p.69). This principle tells us that one should promote good, prevent harm and remove evil or harm.
Another example of negligence in
These principles are over and over being instilled in the minds of students and the code of conduct should not to be taken lightly. The principle that always stands out is nonmaleficence and how it goes hand in hand with beneficence. These and the other principles should prove to us that we are the patient’s advocate. This is clearly defined in the American Nurse Association’s code of ethics, it states that, “the nurse’s primary commitment is to the patient.” and that the nurse has the “responsibility to preserve integrity and safety” (Grohar-Murray, Langan, 2011, p.103). However, for some reason these principles seem to have lost their worth for some healthcare professionals that I have encountered. The concern is at what point did the nurse and other healthcare workers, who were once full of integrity and had the ability to make ethical decisions based on what was best for the patient, skew the line and lose sight of the oath that they so proudly
Ethical principals are the seed of which nursing flourishes from. Many ethical principals were involved and dishonored in this case such as, justice, autonomy, beneficence, non-maleficence, confidentiality and fidelity (Burkhardt et al., 2014). I believe justice was the main principal involved as the entire ethical predicament was revolved around unjust behavior and treatment of the residents. The residents were treated poorly and given unequal rights as a causation of their illnesses. Autonomy, an essential piece of human rights was also being violated in this ethical dilemma. The residents did not have any choice or independence in their care or how they were being treated. Beneficence and non-maleficence are significant dynamics of this ethical situation, as the health care providers needed to reflect on how they can have the maximum benefit while diminishing possible damage to the residents (Burkhardt et al., 2014). Our actions as nurses should always be beneficent and non maleficent, continuously being kind, compassionate and doing what is in their best interest as well a removing and preventing harm. Confidentiality is a key component of nursing and it was blatantly being violated as the health care
Codes of ethics contain a coherent set of normative principles underlying a nurse’s purpose and associated values (Vanlaere and Gastmans, 2007). Two perspectives of ethics are the ethics of justice and the ethics of care (Botes, 2000). The ethics of justice constitutes an ethical perspective in terms of which ethical decisions are made on the basis of universal principles and rules, and in an impartial and verifiable manner with a view to ensuring the fair and equitable treatment of all people (Botes, 2000). The ethics of care, on the other hand, constitutes an ethical approach in terms of which involvement, harmonious relations and the needs of others play an important part in ethical decision making in each ethical situation (Botes, 2000).
25). Unfortunately, the article regarding Mr. Benson’s case did not give detail on whether or not proper documentation had occurred. However, one can assume documentation was not done properly as the wrong leg had been amputated. If proper documentation had been completed in Mr. Benson’s case, it is possible someone besides the surgeon may have caught the wrong leg was about to be amputated. An example of proper documentation would be the consenting of the patient for surgery. Mr. Benson had to have been consented for surgery, which means a doctor or a nurse practioner would discussed with the patient which leg was to be amputated, signs and symptoms of complications and what to expect after surgery. If there was any question once the patient was in the operating room, which leg to amputate, anyone could have looked in the patient’s chart to see what Mr. Benson had been consented for. Documentation of the time out could have also prevented Mr. Benson from having the wrong leg amputated. The reason being is, everyone involved in the case would have stopped and made sure the right patient was in the operating room and the right surgery was to be performed so it could be documented this act was completed. Not only proper documentation could have prevented this horrible act but also the help of the nurses could have prevented a mistake like this from happening.
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