Legal Aspects of Nursing - Case Study Example

Legal Aspects of Nursing Nursing malpractice refers to failure of nurses to use reasonably prudent care towards patients compared tohow someone else could do in similar circumstances (Iyer and Aiken 2001). It may also mean unethical or improper conduct by a nursing holder and a course of action that allows for damages (Rostant 1999). 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 or an injury resulting from the negligence, a record of failure of the nurses on performing their duties properly on the patients, and direct failure in responsibility of care towards the patient during the patients stay at the medical facility (Iyer and Aiken 2001). The patients therefore must prove that their conditions worsened due to the malpractice or negligence (Rostant 1999). The law stipulates that any claim against a nurse is also one for the hospital owing to the professional of nursing working in hospital environment.

For Jose’s case, there are several cases of liability against the hospital. First, there is administrative liability against the hospital. The hospital is liable for damages for not having an anesthetist in place for emergency cases. The absence of the anesthetist resulted to late surgery that consequently resulted to permanent disability of Jose’s shoulder and arm. The hospital is also administratively liable for Jose’s claim for not having properly functioning x-ray machine that took so long before determining Jose’s arm condition as requiring surgery.

Third, there is a civil liability against the emergency physician. The emergency center physician is also liable for damages for neglecting the duty of contacting the anesthetist as soon as he realized that the emergency would result into surgery. It is his moral duty to ensure that a patient is not left in pain awaiting a physician whose presence is not available (Rostant 1999). The physician can be charged with civil liability for not making referral when he knew that Jose’s condition was bad and the anesthetist would not be available until morning.

This delay resulted to severe pain for Jose.In Jose’s scenario, the hospital administration is responsible and not the emergency physician or the anesthetist. It is the responsibility of the hospital administration to ensure adequate personnel at all times and ensure adequate, effective and efficient machinery, equipment and technology at the disposal of the physicians for their use on patients (Rostant 1999). The failure of the x-ray machine and the absence of the anesthetist resulted to Jose’s worsened condition.

In court, the jurisdiction should rule in favor of Jose’s parents and charge the hospital with damages for negligence of both administrative and moral duty. Hospital policy requires that every hospital requirement be in place for any emergency that may arise. Since the hospital had no physician in place and with ineffective equipment (Iyer and Aiken 2001), it is responsible for Jose’s condition. An example of such a case is the Hall V. Arthur (1988) in the United States where the court of appeal held a hospital liable because of a breach of care by a nurse in the hospital (Rostant 1999).

The hospital was held responsible due to nurses’ breach of hospital policy to follow universal standards of care.ReferencesRostant, D. M. (1999). AWHONNs liability issues in perinatal nursing. Lippincott Williams & Wilkins.Iyer, P. W., & Aiken, T. D. (2001). Nursing malpractice. Tucson, AZ: Lawyers & Judges Pub. Co.