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Legal aspects of nursing University affiliation: Title: legal aspects of nursing What principles of protecting patient safety are involved in this case? The principles of Negligence and malpractice are involved in this case. Negligence or breach of duty is the failure of an individual to give appropriate care to someone else in a situation where rationally they should…
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Download file to see previous pages After the patient admitted he was thinking of harming himself, it was prudent he was offered specialized care immediate treatment and a one on one observation in a bid to prevent that which was bound to happen. In this case the hospital staff neglected their obligation to ensure the patients safety and to offer the required care and attention that comes with his condition especially bearing in mind the sole reason he was brought to the institution was to secure his safety. Who are the defendants in this case? Which defendants could potentially be held liable and Why? Having been brought by an officer of the law and by accepting to admit Mr. Garcia the hospital took full responsibility and as such should be held liable. In this case the Hospital and the staff who were directly involved in admitting the patient are the defendants. The Hospital staff in this case will potentially carry the load as they are directly charged with the responsibility of taking care of the patients. In the line of discharging their duty they failed to properly evaluate the situation and give Mr. Garcia the care that he required. The American Nurses Association defines nursing practice as a process that involves proper assessment of patients, proper decision making and right application of nursing knowledge to a patient (deWit, 2001). With this regard the hospital staff took off on the wrong foot right from the start. Although restrained Mr. Garcia was not observed as should have which enabled him to slip out of the restraints and facility unnoticed. Therefore, it is reasonable and just to hold the hospital staff liable. How do you think the court would rule in such a case? Why? The submissions of both the plaintiffs and the defendants will most definitely determine the ruling, but in my opinion the court should rule in favor of the plaintiff. In this matter several elements on negligence and malpractice have emerged from the hospitals staff. It is clear if proper precautions were taken right from the point where Mr. Gracias was admitted his life could have been saved. Failure to provide direct patient observation clearly highlights the violation of the hospitals obligation to safeguard its patients and prioritize their health. It is this act by the staff that leads to the damages on the patient Mr. Garcia and his family. The following are among the elements that directly or indirectly caused the death of the patient therefore in my opinion makes the defendants guilty. Duty: - It was the duty of the hospital and its staff to ensure that the patient was safe, as he had been taken there specifically to ascertain his safety. They evidently have failed in this duty because it was reasonably foreseeable that the patient left on his own would harm himself and it is why he was rushed to the hospital by the officer and constrained. There is a relationship between the patient and the hospital because they admitted him, though failed to give him proper care. Factual causation: - By the mere fact that the officer brought the patient to the hospital by the confession that he intended to kill himself shows the seriousness the officer took the issue, now that the patient escaped from the hospital unnoticed and killed himself when he was their responsibility means they are at fault and therefore culpable. Remoteness: - The issue of the patient leaving the hospital and harming ...Download file to see next pagesRead More
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