Gross Negligence in Nursing Practice - Personal Statement Example

? Gross negligence Introduction The practice of a nursing aimed at the treatment of a patient to restore the good health to the patient. However, in some situations the unfortunate happen and instead of restoring health to the patient the results of a medical procedure ends up giving undesired results that places more harm to the patient than restoring the good health. In such situations, the cause of harm is a result of negligence, gross negligence, or malpractice. The same can also result from failure to observe the required ethical standards or failure to document the patient’s condition according g to procedure. Gross negligence Gross negligence implies an irresponsible disregard for the rights of other individuals or deeds deliberate wrongdoing. Gross negligence in other words is an act or oversight of an aggravated nature, as eminent from the lack of ordinary care evident in negligence. According to Diana & Gill (1989) gross negligence is a cognizant and intended disregard of the requirement to employ reasonable care that is likely to result in foreseeable serious injury or harm to another person. Gross negligence is conduct that is tremendous as compared to ordinary negligence that is a mere failure to observe reasonable care. Gross negligence and ordinary negligence vary in degree of negligence while both vary from willful and reckless conduct that reasonably termed as causing injury. Gross negligence is a lack of care in wanton disregard for the wellbeing or lives of other individuals. This is immense in that it appears to be a contravention of other individual’s rights to wellbeing. It is further than straightforward inadvertence; however, it is just not far from being deliberately evil. If an individual has agreed to take care of another's wellbeing, than gross negligence results as a failure to take care the individual would for his/her own wellbeing. Gross negligence results in the award of specific and general damages and addition punitive damages. Negligence Negligence is conduct that lacks due care and such standard would fall below the standard of care established by law. Negligence termed as the divergence from the standard of care which a reasonable person would stick to in a given set of circumstances. There is a legal obligation-requiring one to stick to that set standard of conduct (Ash et al, 2006). Negligence results when the individual does not stick to these standards of care. In negligence, the individual does not intend that the results achieved, and he has the responsibility to foresee and guard against such outcomes (Diana & Gill 1989). Negligence normally defined as the lack of exercise of that level of care exercised by the rationally careful practitioner under the same set of circumstances as per the test of a reasonable person. Malpractice Malpractice is the absence of the required standard of care by a professional, which include the knowledge, abilities, and specialized skills of a profession. Malpractice results due to the failure of the professional to abide by the established principles of the profession. The plaintiff, in a malpractice situation, should show that the other individual did not follow the standard of his profession. Ash et al (2006, p.130) found that the expected standard of care from a professional is much higher compared to that of the other individuals. It is the failure the lack of skill to abide to a standard of care in which a rational man in the same position would have observed. In a medical malpractice situation, a plaintiff must establish appropriate care to determine the practitioners conduct and an actual breach of the required standard of care by the practitioner. A connecting link between the practitioners breach and injury and a cognizable harm or damages must exist. The standard of care relies extremely on facts but normally recognized as the degree of care a prudent and reasonably professional practitioner would apply in similar or the same circumstances. In Joseph Benson’s amputation mishap, the evident tort is medical malpractice coupled with gross negligence. The failure of the medical practitioners in the hospital to pay keen attention to the records of Joseph Benson and, therefore, amputating the wrong leg in the process is due to their gross negligence. The medical practitioners failed to abide by the set rules of the medical practice. The practitioners’ carelessness results in gross negligence as the practitioner should have been aware of which leg to amputate. The ethical standards require that the medical practitioners ensure that no harm occurs to the patient because of the practice. The abilities, skills and the standard of care expected from the practitioners from the situation are such that they must be in a position not to amputate the wrong leg of the patient. The mishap amounts to malpractice since the practitioner involved did not observe the prerequisite ethical standards of practice before the procedure. These ethical requirements ensure the observation of the good of the patient and alleviate any sort of harm. Ethical principles Nonmaleficence This is the first principle that would guide my practice in the case of the amputation Nonmaleficence means do no harm and directly attached to the nurse's obligation to guard the patient's wellbeing. The principle stems from the Hippocratic Oath; the principle states that medical practitioners do not cause harm to patients. Nonmaleficence implies avoiding harm Beauchamp (2001). In the case of Joseph Benson’s amputation, I would maintain a proficient practice standard to circumvent causing harm or misery to the patient. According to Beauchamp (2001), the principle of nonmaleficence should be a priority before any treatment techniques done on patients. The question that I would ask is whether the practice will harm the patient. I would use the principle as a guide in determining whether to or not to perform the amputation procedure on the patient. The same comprises avoiding even the danger of harm. Beauchamp (2001), states that the contravention of this principle can be with or without intent. This implies that one must not have the intent to violate the principle. The contravention of the principle can happen without any necessary harm.  Additionally the practitioners must not do any act that would deliberately cause harm to patients without the act being in balance with relative gain. Since most procedures, interventions, and medications cause both harm and benefit, the principle of nonmaleficence offers guidance in the care of patients. This principle is most useful is when checked against the principle of beneficence. In the situation, the principle provides that the risk of treatment considered in light of the probable benefits as per Beauchamp (2001). Ultimately, the decision opted for when the potential benefits prevail over the potential harms. Beneficence The other principle that I would apply is the principle of beneficence, which is the central point of everyday practice of nursing. Beneficence implies promoting or doing well. Nurses strive to uphold their patients’ best wellbeing and strive to attain optimal results. This principle of beneficence means the proposition that it is my duty of to do right for the patient in the amputation. This is an initial principle of medical practice having its roots in Hippocrates as per Beauchamp (2001). Beneficence realized through the process of the patient availing himself to the practitioner for inquiry and examination and then following the advice of the practitioner. Societal needs for autonomy have at times brought the principle into conflict with independence. Beneficence has played a pivotal role in an essential theoretical issue concerning the character and aims of medicine. Beauchamp (2001) provides that medicine has its end in healing, therefore it has an objective of beneficence, then certainly medicine is essentially and quite a beneficent activity. Beneficence justifies and establishes the professional responsibilities and virtues of the practitioner. The benefit in medicine restricted to healing and associated activities such as concern for and prevention of disease or injury. The expectations from the practitioners are to desist from causing injury; however, they have a responsibility to assist their patients. The objective of medicine is to encourage the wellbeing of the patients, and practitioners have skills and knowledge that facilitate them to help others. Owing to the character of the relationship between practitioners and the patients, practitioners do have a responsibility to remove and prevent ills, and consider and balance likely benefits alongside probable risks associated with an action (Beauchamp, 2001). Beneficence can also comprise the protection and defending of the rights of other individuals, saving individuals who are in harm, and assisting people with disabilities. Documentation My documentation of the Joseph Benson’s amputation case would accurately reflect the evaluation, intervention, plan and assessment of the patient’s condition. Concerning the legal protection, my documentation would be the initial point in any medical malpractice case, according to Ming-Yueh (1999). When my documentation is precise, this can also discourage a petitioner from filing a claim or provide the advantage that is necessary to initiate a claim. In the examination, my documentation should be significant to demonstrate that the required standard of care met. Attorneys and Jurors view what is contained in the patient’s documentation as the paramount evidence of what happened. For the foregone reasons, it is exceptionally essential that my documentation is accurate, timely, and complete. Proper nursing documentation should include the actions taken evaluation of the actions taken and the data acquired in the process. Ming-Yueh (1999) found that the documentation should also incorporate straight quotations from the visitors of the patient his family and the patient. In order for my documentation to meet the legal standards, it must be legible and neat. My documentation must be in the correct chart. The documentation should relay the significant information and all entries must have a date and signed. In filling the document, I should observe the correct abbreviations, appropriate medical phrases, proper spelling, and grammar used. The name of the patient should be on every page and errors in the document struck trough with a line and my initials on the corrected entry. References Ash S, Michelle M. M., Charles F., John T. and Samanta J. (2006). The role of clinical guidelines in medical negligence litigation: a shift from the Bolam standard? Medical law review, 14 (3), 321-366. Beauchamp TL, Childress JF. (2001). Principles of Biomedical Ethics. 5th edn. New York: Oxford University Press. Diana M.R., Gill, K. (1989). Medical Negligence 1. Journal of Management in Medicine, Vol. 4(3), 204 – 209 Ming-Yueh T., (1999) Library journal use, and citation age in medical science. Journal of Documentation. Vol. 55 (5), 543 - 555 Read More