Jose Legal aspects of nursing2 - Essay Example

Legal Aspects of Nursing Insert Semester Legal Aspects of Nursing Every profession has set down a rule that governs the ethics and code of conduct for the professionals in a particular field. This ensures that due care and skill is exercised by a professional while discharging services to clients. Of particular interest to this paper is the medical profession which is empowered to offer professional health care services to patients in order to save lives. Medical practice calls for the swearing of an oath to protect life at all costs (Masters, 2009).

This is the driving force behind the medical research and inventions to come up with solutions that save human life. On the other end, non adherence to the professional code of conduct calls for disciplinary action that takes different forms depending on the code not complied with. Disciplinary action is taken by the presiding medical body as well as the legal framework within which the health care provider practices. This paper therefore seeks to have an comprehensive scrutiny of a case, the liability thereof, preferred charges and a court verdict.

It seeks to identify if the malpractices in the case study constitute professional misconduct and whether is legal proceedings can be preferred against the defendant. Medical negligence refers to an act of failure by a health care provider to offer sufficient medical attention which can lead to a patient suffering injury as a result thereof (Schwab et al, 2005). From the scenario given it is important to deduce the facts. By the case presented it is a fact that Jose suffered a dislocated shoulder as a result falling while playing basketball, and later admitted at the hospital.

Again, from the scenario given, it is apparent that, as a result of the shoulder injury Jose required immediate medical attention from a health care facility. It is evident that Jose sought medical attention from the hospital and was attended to by an emergency center physician. On the other end, the emergency center physician owed Jose a duty of care and skillfulness in the execution of his professional duties towards offering him timely treatment. At this point it is clear that a duty of necessary professional care and skill was owed.

A duty of care existed legally at the point where the emergency center physician undertook the care and treatment of the patient. The duty of care is a requirement for charges to be sustained in a court of law. The other aspect of this scenario is that, treatment for the patient was delayed. The emergency center physician on his part delayed in the conduction of an x-ray on the patient’s shoulder to determine the seriousness of the injury. This left the patient in excruciating pain for quite some time.

This constitutes to professional negligence on his part. Medical practice strongly advocates on putting the health and life of a patient out of any risk. It is a fact that the anesthetics was not on duty at that particular time and was to report the following day. It is prudent for a licensed health care facility to have adequate professional staff in order to discharge their duties effectively and in an efficient manner (Masters, 2009). This constitutes professional negligence on the part of the hospital for failing to sign up adequate professional human capital to warrant standard and prompt medical attention to patients in the facility.

Thus, from the scenario facts, it is evident that the health facility breached its duty of providing prompt medical attention to patients. In the critical analysis of the scenario provided, it is evident that they are substantial facts to warrant a professional negligence tort. Two parties in his scenario are liable for this tort. The delay in carrying out an x-ray examination, caused by the emergency center physician, reflects neglect of duties in administering proper medical attention. It is attributable to this unnecessary delay that the patient develops a permanent deformity on his shoulder and arm.

The physician has an option to make referrals for patients whose health problems cannot be addressed promptly and adequately The physician on duty breached his duty of providing adequate medical attention to avert the development of further complications with the injures shoulder. The health care facility also has a duty of care to patients who seek its health services. The facility is under obligation to seek the services of competent and adequate human capital. Based on the facts tabled in this scenario, it is clear that the facility is understaffed and could not meet the medical needs of Jose.

This culminates in a tort of professional negligence in that the facility has not endeavored itself in attracting and retaining enough staff to address the needs of patients. The anesthetic was off duty as per the information provided from the scenario. He therefore is shielded from liability. It is as a result of a breach of the specific duties of the emergency center physician and the hospital that Jose suffered injury cause of unwarranted delays. As a matter of passing fair verdict based on the facts brought forward by the scenario, the court requires the opinions of an expert with sufficient knowledge of the standards of care required.

This will aid the court in passing a fair judgment on the case. In relation to the scenario in place, the judge should award damages to Jose for the injury suffered as precedent by the case below where the facts were substantially similar. In the case file before a Pennsylvania court where a mother develops delivery complications and is scheduled for C-section. The process is delayed and the baby develops cerebral palsy as a direct result. The judge awarded damages to the plaintiff for professional negligence.

References Masters, K. (2009). Role development in professional nursing practice. Sudbury, Mass: Jones and Bartlett Pub. Schwab, N., Gelfman, M. H. B., & Tirozzi, G. N. (2005). Legal issues in school health services: A resource for school administrators, school attorneys, school nurses. New York: Authors Choice Press.