Who Is Responsible For The Injury Of The Post Surgical Patient Has Suffered

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

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 includes reporting violence, abuse or neglect towards clients by other nurses and extends to reporting conduct involving third parties, including family members and other healthcare providers

Negligence is upholding a certain leavel of care by determining if it meets the four components nessessary for a claim; duty, breach of duty, causation, and damages. In this case duty was not handled correctly. Duty means you agree to take care of a health care patients. THe girls working at the Good Samaritan Home did not take proper care of the residents. Breach of duty is broken down into four categories; Misfeasance, nonfeasance, and malfeasance. In this case the breach of duty refers to nonfeasance. There was a failure to act, by no other employees bringing the ause to attention. Causation requires an injury to be due to the healthcare professionals negligence. In the case of abuse in the Good Samaritan case there was no other way the injuries could have happened. The damages refers to the injuries caused to the residents.

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

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

Any reasonable organization would be able to predict or expect that the ER nurses condition needed to be addressed by the hospital as it would ultimately lead to harmful result if they didn’t act upon the physician’s recommendation and the previous history of errors (Pozgar, 2012). The hospital failed to supervise or establish appropriate policies to provide reasonable accommodations for the pregnant ER nurse. While not directly at fault for the negligence by the nurse under the borrowed servant doctrine the hospital would be liable for the acts of their agents and in the least contributed to the negligence (Pozgar, 2012 and “Comparative and Contributory Negligence”,

Impairment delays the central nervous system by depressing it (CDC, 2016). When the brain is unable to function appropriately, negligence is a possible outcome. Negligence is a huge liability to the nurse and the facility. Marquis & Huston (2015) speak of the joint liability. Patients can hold the hospital and the nurse both legally responsible. The nurse has an obligation to provide competent care to the patient.

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

There are a few ethical issues that in the provided scenario which need addressing from the nursing shift supervisor. The first occurs when the Certified Nursing Assistant (CNA) fails to appropriately address the possibility of a developing pressure ulcer. A wound care team can be consulted about developing an educational program about pressure ulcers for hospital staff. Also, there is the issue of restraints. The ordering physician should be contacted about the necessity of restraint use. Along with the wound care team, data could be collected about the use of restraints and the subsequent development of

Many people do not ponder on the possibility of some form of malpractice or misdiagnosis occurring during their time as patient. They put their trust solely in the healthcare provider. More importantly nurses hardly ever consider being the one that causes harm or the one whom neglects a patient, let alone misdiagnose a patient. When entering the nursing field one needs to look at all options that will help protect them from sustaining any loss. Many nurses in today’s time are purchasing profession liability insurance or more commonly known as professional indemnity. Professional indemnity helps pay for expenses that occur during malpractice, negligence, and misdiagnosis lawsuits.

Nurses should be aware that their negligence causes very bad effects on patients and should be anxious about medical malpractice because nurses are held answerable for their own negligence and could find themselves being charged for malpractice. (Elis, 2012).

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.

According to Westrick, 2014, the plaintiff’s claim may be proven based on four elements: (1) the defendant has a duty to the plaintiff, (2) the defendant failed to perform her duty or failed to act reasonably, (3) the breach of duty caused damages or injury to the plaintiff, and (4) the presence of proximate causation between the breach of duty and the resultant injury. Failure to prove any of the four elements will cause the failure of the plaintiff’s claim and a valid defense for the defendant. In Case Study I: Malpractice Action Brought by Yolanda Pinnelas, Ms. Pinnelas is the patient and the plaintiff. Her claim based on the four elements will come out as: (1) Ms. Pinnelas was admitted in the hospital. The Caring Hospital and its staff has the duty to safely provide care to her. The Caring Hospital has the corporate liability for her care. (2) Breach of duty that may have caused her injury were identified. The chemotherapy medication was delivered late. The response time for staff to answer the bells and alarms were long. Risk Management, Equipment safety procedures. No report about the malfunctioning of the pump was documented nor was it separated and labeled as malfunctioning equipment. Gaps in nursing documentation of nursing assessment, interventions and re-evaluation of the patient after the IV chemotherapy was discontinued. Ms. Pinnelas had also undergone surgical procedures after the hand was found necrotic, the surgical procedures caused scarring to the tissues

     If what the person in question did met the requirements of what the standard of care calls for, then there has been no account of negligence. There are four main points that actually make up negligence. There must first be a situation in which the standard of care must be given under the given circumstances. Failing to follow the standard of care begins the case of negligence. After not satisfactorily completing the standard, there is an apparent setup for harm to the patient resulting from this failure to meet the requirements of care. When an injury is inflicted on the patient, that relates to the standard of care being violated, and that seals the case. Those are the four ingredients needed to complete a case of negligence (Cazalas 18).