Legal Aspects of Nursing - Case Study Example

Legal aspects of nursing Question This case involves a set of principles towards patients’ protection. The unit defiles the set of principles that advocate for patient protection. As a patient, Mr Garcia required a direct one-to-one attention and observation from the nursing unit. Through their negligence, the staff of the nursing unit violated the principle of respective relations (American Medical Association, 2010). This principle advocates for a congruent affiliation amongst the patients and nursing unit professionals.

Under this principle, the patient ought to gain utmost confidence towards the staff of the nursing unit (Youngberg, 2013). In this case, the patients and the unit staff ought to relate freely in absentia of retaliation. The deprivation of the direct care and attention towards Mr Garcia violated this principle. Consequently, his wife had a retaliatory relationship with the staff in the nursing unit. The dishonor of this principle was also in the deprivation of direct attention that enhanced distance and retaliation within Mr Garcia.

Evidently, the Respective Relations principle was involved in Mr Garcia’s case. Medical necessity was an additional principle involved in Mr Garcia’s case. This principle requires a prudent physician to deliver prevention, diagnosis, or treatment to the patient (American Medical Association, 2010). In this case, Medical care is a basic necessity (Youngberg, 2013). It is not an optional consideration. Evidently, the physicians deprived Mr Garcia direct medical attention. This is a violation of the Medical necessity principle.

Honoring this principle would entail direct and affectionate attention towards Mr Garcia at the soft restraints. In his situation, measures of prevention, diagnosis, and treatment were not adequately established. Therefore, they deprived Mr Garcia his basic right as a patient. Apparently, it was a major violation of the Medical necessity principle. Administrative simplification is a principle that is involved in this case. This principle advocates for disintegration within the complex and confusing roles and communications.

It implicates that there ought to be a congruent assignment of roles, and a clear communication strategy (American Medical Association, 2010). Shared governance would propel the visions and objectives of this principle. In this case, every staff member would feel accountable to handle a patient (Youngberg, 2013). Honoring this principle would require the nurses to uphold authority and attend to Mr Garcia maximally. The nurses in Garcia’s case violated this principle of protecting the patient by engaging in powerlessness to attend to him.

Question 2 The nursing unit acts as the defendant in this case. In a law court, the nursing unit is subject to respond to the charges filed by Garcia’s wife. Therefore the nursing unit is liable for the charges in court. This is due to their negligence of their code of conduct that is advocated for by the law. These principles are under the Patient protection and Affordable Care Act (American Medical Association, 2010). Therefore, the nursing unit is held liable due to the violation of this policy.

Mr Garcia would not be liable, since he was not sane. He drove away out of a psychological illness. It was the responsibility of the nursing unit to attend to him. Question 3 The court would definitely rule the case in favor of Mr Garcia. The legal system would take action against the nursing unit. This is because of the major violation of the law by the nursing unit. The nursing unit would have violated the Patient protection and Affordable Care Act. Dishonoring the principles under this Act would explain its entire law violation (American Medical Association, 2010).

Mr Garcia’s side would gain favor from the court because the patient acted out of illness. It would have been the responsibility of the nursing unit to attend to him and secure his life. Question 4 Recently, many cases resemble the Garcia’s case. For instance, Vance sued a nursing unit with allegations of hostile and retaliatory environments. This was a main observation amongst the attitude of the nurses. June 25, 2012 oversaw the onset of this case and it awaits jurisdiction from the court.

It was filed at the US Supreme Court. Evidently, the nursing unit environment is of immense significance to the patients’ welfare. Therefore, Mrs Garcia has a higher chance of winning the case. ReferencesAmerican Medical Association. (2010). Major Provisions of the Patient Protection and Affordable Care Act and their Relevance to the American Medical Association’s Health Insurer Code of Conduct Principles. A.M.A. Retrieved from http://www.amaassn.org/resources/doc/psa/ppaca-coc-relevance.

pdf Youngberg, B. J. (2013). Patient safety handbook. Burlington, MA: Jones & Bartlett Learning.