preview

The Law and Medicial in Healthcare Essay

Best Essays
The law and how it is interpreted and followed in the administration of medicine is an important aspect that must be placed at the forefront. The law, simply put, refers to social rules of conduct that are enforceable and are not meant to be broken. While the practice of medicine carries a myriad of systematic complexities which expose healthcare organizations to potential legal problems, healthcare leaders must establish procedural methods and policies to mitigate the risk of liability through implementation of robust risk management programs. Failure to adhere to established laws, policies, and procedures can lead to legal issues for both the organization and its employees (Brock & Mastroianni, 2013).
As seen in the project case study
…show more content…
In the case presented, the nurse was not entitled to qualified immunity as a staff member of a community hospital. In order to establish qualified immunity, the nurse must be a public official employed by the state or federal government. Additionally, those that are protected, must act within their scope of responsibility and perform their duties with due care. In this case, the nurse was not protected and even had she been, her actions clearly violated the patients’ rights to reasonable care. In addition, because the nurse exercised her power carelessly and made treatment decisions on her own, rather than consulting with the physician, she was not shielded from liability.
Additional consideration must also address whether or not the nurse acted as a “reasonable person.” Since the nurse was aware that the patient’s condition changed from a hypertensive to a hypotensive state after administration of the medication and failed to inform the physician, she acted in a negligent and unreasonable manner. Her actions deviated from what any other reasonable person in her profession would have done. Her failure to adhere to the hospitals’ own policy of consulting the physician when a question regarding the administration of medication was evident, clearly showing that she acted inappropriately and recklessly (Mukherji, 2013).
While the nurse made a faulty decision, this could have been avoided had she contacted the physician regarding the drastic change in the
    Get Access