1. A pregnant woman lacked standing to sue over a law’s potential unconstitutionally since the law applied to medical practice (and not patients) (Dawn Stacey M.Ed, n.d.)
Burditts behalf. Although he had indicated that the transfer was to ensure that the unborn baby would have the availability of an “advanced neonatal unit” if required (Lewin, 1991, para 10). Had the infant required specialized care, he or she could have been flown in a helicopter to the nearest location with a neonatal unit. In addition, this act prevents hospitals from discharging, transferring, or refusing treatment to those women who are in active labor. Dr. Burditt stated that the patient was in active labor and continued to transfer the patient with her being high risk with her blood pressure.
An experienced nurse Julie Thao was taking care of 16-yeas old Jasmine Gant who was about t give a birth. Thao is accused of making a mistake that had terrible and tragic result on the life of a pregnant teenage, unborn child, Gant’s family, health care, and Thao’s life. Thao mistakenly gave Gant an epidural anesthetic intravenously instead of an IV antibiotic for a strep infection. Within minutes of receiving the epidural IV, Gant suffered seizures and died. Her child, a boy, was delivered by emergency Caesarean section and survived. So what caused this tragedy to happen? According to investigation, Thao improperly removed the epidural bag from a locked storage system without authorization, she did not scan the bar code, which would have told
Treatment without consent - Charlotte, the nurse on duty, had forced James into getting the injections therefore causing him emotional distress. Treating a competent patient who has validly refused treatment could constitute an assault or battery. The legal provisions supporting a competent patients’ right to refuse treatment in Australia can be found in both legislation throughout all the States and common law. The Australian Charter of Healthcare Rights is also a helpful source of guidance as it reinforces the common law position that is based upon the principle of patient autonomy. The High Court of Australia first articulated the principle or refusal of treatment in Marion’s case, stating that a legally competent person has a right “to choose what occurs with respect to his or her own person.” Under the NSW Health Patient Charter, consent in regard to an operation, procedure or treatment is both a specific legal requirement and an accepted part of good medical practice. Medical practitioners are also expected to clearly explain proposed treatment, and adequately inform their patients on significant risks and alternatives associated with the treatment.Failure to do this could result in legal action for assault and battery against a practitioner who performs the procedure. Charlotte made no effort to explain or gain a consent from James.
1. The medical care facility should have had an interpreter there at the childbirth. I think it was absolutely ridiculous for Sherry to have to go through natural childbirth and have the incident with the air not being on as well. The doctors and nurses should have also been properly trained and more compassionate.
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 medicinal experts on staff for the 12 hours that the patient was in painful distress while she was being drowned by the feeding solution, neglected to perceive that she was in trouble until it was past the point of no return. While this is obviously a blatant case of medicinal negligence, not all medical malpractice cases are quite so obvious, and not every single medical procedure with a troublesome result can be viewed as medical malpractice negligence. The essential prerequisite for medical malpractice is that the doctor or other medical expert has breached the acknowledged standard of care for their specialty in their geographic area, and that the breach caused harm to the patient. Doctors, as human beings, commit errors consistently, yet in the event that their mistake does not bring about injury or harm to the patient, there are no grounds for lawful
The Plaintiffs felt that since the hospital was licensed and accredited that they should be held responsible for their employees and their actions. It states in the regulations that any infraction of the bylaws imposes liability for the injury. At any time if Dr. Alexander had questions or concerns he could have reached out to an expert in this field to consult
According to Finkelman and Kenner (2016) “malpractice is an act or continuing conduct of a professional that does not meet the standard of professional competence and results in provable damages to the patient” (p. 185). In order to have a successful lawsuit filed, there are four criteria that must be met. First, there must have been a nurse-patient relationship, where the nurse provided care. Second, the nurse
This is the breach of care. There were no records of any intervention for julienne and any outcome from it. These are the things, which caused the outcome. They could have prevented it. On November 11th when Julienne’s older sister called Julienne was very disturbed and was panting she couldn’t talk properly, her speech was halting. Julienne also complained of pain and didn’t want to see anyone. On the same morning Dr Ahmad had written in a progress note that the patients was stable. Which is inaccurate. Therefore this shows the negligence of duty and not being able to identify the sign of deterioration. Again at one event julienne’s pulse reading was over 130, which was satisfied for MET call criteria but Met call wasn’t called at the event. This shows the nurse breached her duty of care. There are many document that help nurses comprehend the standard of care they are expected to deliver (Crisp & Taylor 2008). When a patient fails to progress as expected, the nurse should revises the patients plan of care and priorities the patients needs states (Crisp & Taylor 2008). This falls under the ethics the nurses are compel to perform. However in the case study nurses fail to do
As a nurse, there continues to become a concern with lawsuits held against the healthcare professional. With the increase number of responsibilities for nurses and the idea of being faced with nursing staff shortages, the risk of liability increases. Nurses “has a duty to do or promote good, to prevent harm, and to remove evil or harm” (Burkhardt and Nathaniel, 2007, pg. 159). The three nurses at the Centura St. Anthony Hospital were accused of criminally negligent homicide in the death of newborn by a grand jury in Colorado. This essay will first discuss the emotions felt by the Colorado Board of Nursing in the case held against the three nurses. Second, this essay will whether or not the nurses were trying to avoid causing pain to the baby and as a result the medication error occurred. Third, there will be a discussion on other occupations in which consequences of unintentional errors can have a legal impaction on the organization. Fourth, there will be a discussion on how the nursing profession should respond to the frighten legal threat presented in this case. Fifth there will be a discussion on how this case violates the Colorado Nurse Practice Act. The purpose of this essay is to discuss the legal issues presented in the case against the three nurses accused of criminally negligent homicide in the death of a newborn.
I think the courts should have looked at the whole picture. I do not understand why the nurses where charged and the pharmacist was not charged. The nurse administering the medication made a medication error by not checking for the correct dosage, but the pharmacist also made medication error when he/she prepared the medication. There are always other circumstances to consider when a medication error is made, the nurse may have just worked a double shift, then came in the day for an additional shift. Fatigue and errors suggest may nurses should have limits set on the number of hours they work (Conroy, 2007). Nurses work to do no harm, so trying to prevent further pain to a newborn would be something any nurse would do. Nurse shaming and blaming for doing things we all are capable, never makes a system safer (Alexander, 2014).
The issue or concern of this procedure is that it was a C-section (cesarean). In that respect, cesarean births are linked with more complications than a vaginal birth. Some include infection from the cesarean incision due to improper cleaning and protective measures, increased blood loss, injury to your organs, and, of course, the extended hospital stays because the incision from the C-section takes an awhile to heal; sometimes up to a week. (American Pregnancy Association, 2016)
This case involves medical malpractice that caused Mrs. Smoltz her life. When analyzing this case I noticed that there are several laws that were breached by the health professionals involved with this case. Failure to follow standards of practice for the nursing skill; was breached by Caroline Scott because she started a I.V in Mrs. Smoltz foot when the INS standards of practice states, “ Cannulation of lower extremities in adults should be avoided because of the increased risk of phlebitis” Scott admitted to knowing that was taking a risk however proceeded because she noticed Mrs. Smoltz’s condition worsening. Being that she knew that the I.V. should not have been started here and was not told by a physician to do so then Scott should be held accountable for her actions especially the pedal I.V. is the center of what led to Mrs. Smoltz’s death. There was also a breach when Scott violated the hospital policy because the hospital prohibits nurses from inserting I.V. lines in the feet and legs. If Scott felt that this was the best course of action she should have then expressed such to a physician so that he could insert the I.V. in such actions the hospital policy would not have been violated. The nurse practice act was breach when the nurses fail to document properly. INS standards of practice state “Documentation in the patient; medical record shall