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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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
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(LEGAL ASPECT OF NURSING Case Study Example | Topics and Well Written Essays - 750 Words)
LEGAL ASPECT OF NURSING Case Study Example | Topics and Well Written Essays - 750 Words. https://studentshare.org/nursing/1469317-legal-aspect-of-nursing.
“LEGAL ASPECT OF NURSING Case Study Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/nursing/1469317-legal-aspect-of-nursing.
Nowadays it is evident that the more negligence cases in the healthcare field, the few individuals who are willing to join the nursing field due to panic of lawful implications and invincible suits that rise during the delivery of nursing services to the patient (Barbara, and Phillips, 2013).
Nurses had the duty to manually document the patient details, time, route and dosage on paper based medical administration record (MAR). Later, discrepancies were noted in the electronic data and hand written records. The nurse was unable to make a reasonable explanation and was later suspended by the supervisor.
The author states that there are various tortuous liabilities that commonly brush the healthcare professionals in line of duty and this has always generated a heated legal battle between them and the clients. The law of tort in this case raised a liability against negligence. There are three major concepts surrounding negligence.
Recently the patient has suffered a hemorrhagic stroke in the course of dialysis treatment. This has left him aphasic with right sided hemiplegia. Fortunately, there is a kidney available and the patient can undergo a kidney transplant. Evidently, Mr. Suarez is in a very critical health state and this casts doubt over his eligibility as a kidney transplant recipient.
The capacity of the nursing home is about 120 beds, including several specialised treatment departments. As the number of residents has been increasing steadily during the last five years the plans for extension of the capacity of the nursing home by the means of building additional wing are considered.
Other principles that were noted were giving medication a different route than prescribed; not charting the administration of medication in a timely manner and that the hospital has no policy on who should document the medication in case a nurse is working with a someone
erself admitted to frequently making records long after the medication had already been administered and hence making her records prone to error (Butts & Rich, 2008). It is of paramount importance that a nurse should keep accurate records of all narcotics dispensation, dosage as
Malpractice is also equitable to negligence of duty in nursing but not all malpractices are negligence.
There are conditions to filing a lawsuit against a nurse for a negligence claim. Such conditions include; there must be a medical condition
Failure to act as patients advocate. The physician did not discharge his duties in a manner that best suits the patient. The physician should have done his very best to ensure that the patient receives