The Law and Medicial in Healthcare Essay

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

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

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 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).

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,

The case study of Crowe v. Provost, 374 S. W. 2d. 645 (Tenn. 1963), was a highly-anticipated court case for the 1960’s. The following list pertaining to the example of what went wrong and by whom. The first patient appointment opens a file with the patient’s basic information and any allergies including medication(s). This would typically be done with the receptionist. If this was not the doctor’s first time seeing this patient, then the physician should have checked the chart to see if there were any allergies to anything including medication, such as, Penicillin and Cosa-Terrabon. Referring to the Crowe vs. Provost, the child was then rushed back into the doctor’s office with worsening symptoms, the nurse should have listened to the mother. The nurse, could have instructed the mother to take the worsening child to the nearest Emergency Department. The nurse advising the doctor, “That she thought the child was about the same as when the physician saw him earlier in the day” (Flight, M., 2011, page 5-6) was not a good idea. The doctor could have been brought in for an examination of the ailing patient. The receptionist returning from her lunch should not have been a signal for the nurse to leave for any reason with the patient getting worse. Again, the patient and mother should have been instructed to go to the nearest emergency room. The receptionist should not have been left alone with an ailing patient. Mistakenly, the receptionist calling the doctor first and

The physicians instead of making the call to the cardiology team sent the nurse to do so (Violation).

The State of Tennessee Board of Nursing’s Rules and Regulations of Registered Nurses, Rule # 1000-01-.13-1r states that unprofessional conduct is defined in part by "failing to take appropriate action in safeguarding the patient from incompetent health care practices" (State of Tennessee, 2011). There are a number of arguments in this case study that incompetent health care practices are being performed, from the decision to place a patient on a ventilator for an oxygen saturation of 88%, circumventing the patient’s written and verbal advanced directives, utilizing an unauthorized family member to get consent for

Not only did insufficient staffing contribute to the causes of this particular event, but human error also played a significant role. When Mr. B arrived at the ED, he was hyperventilating. His leg “appeared shortened.” He had edema in his calf, ecchymosis, limited ROM, and he rated his pain at a ten out of ten. Mr. B also had a history of prostate cancer, impaired glucose tolerance, elevated cholesterol and lipids, and chronic pain. He was admitted to the ED with a plan to relocate his hip. Dr. T ordered diazepam 5.0 mg to be administered through IVP and then just five minutes later ordered 2.0 mg hydromorphone to be administered because it appeared that the diazepam was not having the intended sedating effect. Again, just five minutes later, Dr. T was still not satisfied with the level of sedation and instructed the nurse to

Beneficence compounded by nurse-physician communication created ethical problems in this case. Mainly, Joanna’s assessment of Mrs. Kelly being ignored by the resident physician and the nursing supervisor. Joanna worked within the scope and standards of practice, she assessed, evaluated, and monitored her patient’s condition. She then reported her findings to the resident twice, and also sought nursing support from her shift supervisor. After Joanna’s first call to the resident, and her continued concern she needed to advocate in a proactive manner. Continuing her assessment of Mrs. Kelly to include palpation and auscultation could have offered additional clinical information enabling her to articulate the problem to the resident and nursing supervisor.

After the incident, Jones inquired for medical care multiple times. Here, admittedly, the Prosecution was right about one thing. Nurse Robin Rodgers did not meet the standard of care. But, they were wrong about another. Nurse Robin Rodgers was not reckless, but rather, she was negligent. Contrary to being reckless, negligence is acting without the knowledge of the consequences and risks.

1. Under HIPAA, are you legally allowed to view this patient’s medical information? Why or why not?

The patient, her family, and the attendee were not included in the interprofessional collaborative team during the situation. Had the nurse communicated the blood pressure findings to the patient, it might

The bottles in fact contained glucose which would be of no harm to the patient. The ‘doctor’ used a written script for each conversation and all conversations were recorded. The conversation was planned to end when either the nurse agreed, refused, seeked advice, got upset or the call went on for more than ten minutes. If the nurse obeyed this order she would be breaking hospital protocol which states that nurses should only take instructions from doctors known to them, therefore they should definitely not follow instructions given by an unknown doctor over the phone. A real doctor who was involved in the experiment was there to stop any nurses when they were seen to be moving towards the patient’s bed with the medication. Out of 22 nurses 21 of them were about to administer the drug. All nurses were debriefed within 30 minutes of the telephone conversation. Nearly all of the nurses admitted they should not have followed the orders as they were in breach of hospital policy.

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