Negligence Paper - Essay Example

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Negligence Date Abstract Given a definite scenario, the aims of the essay are to address the following concerns: (1) to differentiate between negligence, gross negligence, and malpractice. Based on the information, decide if one agrees with the statement in given scenario; (2) to describe the importance of documentation (relating to the given simulation) and its correlation to potential negligence…
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Download file to see previous pages The impending dilemma and major complication is that the wrong leg was amputated. The hospital identified to be the scenario of the event was likewise concurrently experiencing problems with the union and a shortage in staff, particularly nurses. In this regard, the aims of the essay are to address the following concerns: (1) to differentiate between negligence, gross negligence, and malpractice. Based on the information, decide if one agrees with the statement in given scenario; (2) to describe the importance of documentation (relating to the given simulation) and its correlation to potential negligence. Specifically, the following questions would be answered: (a) if you were the nurse in this situation, what ethical principles would guide your practice? And (b) how would you document the case to satisfy ethical and legal requirements? Differentiation between Negligence, Gross Negligence and Malpractice According to Delaune and Ladner (2006), negligence is “the failure of an individual to provide care that a reasonable person would ordinarily use in a similar circumstance. In other words, action that is contrary to the conduct of a reasonable person and results in harm is considered to be negligent behavior. When a nurse commits a negligent act that results in injury, it is known as malpractice” (201). To differentiate the terms to gross negligence, Thorton (2006) averred that it “is a much more nebulous and complicated concept. Gross negligence is an act or omission ‘which (1) when viewed objectively from the standpoint of the actor at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (2) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others’” (cited from Tex. Civ. Prac. & Rem. Code, Section 41.001 (11), Vernon's 2006 by Thorton, par. 6). More clearly, malpractice is defined by Stubenrauch (2007) as “improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory” (cited from The Joint Commission by Stubenrauch, 2007, par. 1). In the given scenario, the act of the responsible health care practitioner appears to be categorized as gross negligence because of the presence of the elements of omission resulting in extreme degree of risk and harm to the patient. Importance of Documentation According to Stimpfel (2007), “quality medical charting is important in providing high quality care and also because in the current health-care system, a number of patients who believe they have sustained physical or psychological harm as a result of their healthcare provider’s negligence bring claims or lawsuits to recover damages” (1). The lack of proper documentation and accurate identification of the leg to be amputated in the patient chart resulted in gross negligence that contributed to bodily injury, ...Download file to see next pagesRead More
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