Legal and Ethical Issues in Nursing - The Florida Nurse Practice Act - Essay Example

Running head: Legal and ethical issues in nursing Final project (insert Insert (insert Review the Florida nurse practice act and the American Nurse’s Association “Scope and Standards Practice”. Was there a deviation from the standards of care in this instance? Explain According to the American nurse association, scope and practice standards, “every nurse is responsible for the assessment, diagnosis and planning for his/her patient” (Thompson, 2005). It further states that quality service must always be given to the patient. In this regard the nurse’s code of ethics should be strictly followed for delivery of safe, compassionate, competent and ethical care. Thompson (2005) emphasizes on the need for quality training of the nurses on their ethics and moral standards. In review of this case; the patient, Mr. Paul, was not accorded quality and good care. As noted by his expert witness, the sacral bedsores and the ulcers first appeared while he was immobile in a Minerva bracer and also when he was on the ventilator. In the nursing profession, patients who face high risk for skin breakdown are to be turned every 2 to 3 hours. The turning of the patients helps in blood circulation throughout the body and eases the pressure on the surface of the skin, which is in contact with the bed. In this case, it can be argued that consistent turning didn’t happen. This is because if the actual turning took place, the patient would not have developed such sores and ulcers. The Florida nurse practice act under section [464.018(8) (h)], clearly discourages the nurses from acting inappropriate and unprofessional. The nurses deviated from the standards as stipulated in the above-mentioned legislation and hence are bound to provide compensation to the patient. It is through the negligence and unethical conduct of the nurses that made Mr. Paul contract the skin lesions. As professionals, they were supposed to provide quality care and hence could have prevented the occurrence of skin lesions on the patient. The nurses’ conduct of unprofessionalism is a deviation from the standards and legislations governing all nurses. 2. Explain the qualifications necessary for a nurse to be an expert witness in a particular case. What are the responsibilities of the expert witness this case? A good expert witness must be a good public speaker. Due to the demanding nature of the court proceedings, an expert witness must be able to explain ideas in a clear and precise manner. He/she should also be very conversant with the court terminologies and hence represent the client fully. In addition, he/she should show confidence while speaking because confidence shows professionalism and hence the jury builds trust on your witness account. Therefore, good speaking is necessary for a nurse aspiring to be a good expert witness. It is a requirement that an expert witness should be actively involved in his field of specialization. The active involvement in the medical field keeps him/her updated with the latest developments in the nursing sector. Some attorneys prefer expert witnesses with about 10 years of experience while others go for those with a minimum of 5years of specialized experience. Moreover, an advanced degree is sometimes a requirement for those aspiring to be expert witnesses. The wide experience and knowledge is a requirement because specialization is synonymous to efficiency. For one to be a good expert witness, he/she should have the ability to seek more knowledge and efficiency. One has to posses the passion in nursing so that he/she can be able to aggressively embrace the nursing profession. Through reading of journals and recent editions of textbooks; Internet searching, attending nursing seminars and workshops; a nurse is able to acquire the latest knowledge on the discoveries of new nursing practices. This knowledge can be of good help in the court hence ability to seek more knowledge is a necessity for one to be a successful expert witness. Finally, for one to practice fully as an expert witness, one should have no prior or current charges against him/her concerning health care. According to Margaret in ethics and contemporary issues of nursing, “a nurse should always be discipline and avoid any form of misconduct” (45-89). The information submitted by this expert witnesses are supposed to be the truthful; and from a trustworthy person. It is through nursing ethics that a real nurse is defined (Margaret, 2005). It therefore becomes necessary for an expert witness to have a good public image. As the law requires, every testimony presented should be true to the best of the witness’ knowledge, hence any form of misrepresentation is a criminal offence. In our reference case, the work of an expert witness is to testify in court for or against a plaintiff. As a professional, he is able to explain to the jury on how the working procedures should have taken place. He is bound by the nurses’ ethics to provide truthful information to the court if needed and hence his witness account is very important. 3. If you were the plaintiff’s attorney, what elements must you demonstrates to prove negligence/ malpractice? The development of the bed sores and ulcers proved that the patient’s care was neglected. It is clear in the medical field that bedsores can only be avoided if the patient is turned after every 2 to 3 hours. This proves that the patient wasn’t accorded enough care and attention hence resulting into skin lesions. As an attorney, I would order a medical examination of my client by another nurse and use it as a proof that indeed the patient had been neglected. The medical examination report should include the possible cause of the bedsores and ulcers, the extent of damage and future consequences that may result due to the skin lesions. I would present a competent and eloquent witness expert. The witness expert must be a specialized nurse who has enough knowledge about the intensive care unit. With the help of his/her testimony, I would be able to prove the claim of negligence by the nurses. In addition, other witnesses may be of help. For example, the wife or close family member may inform the court of how the skin lesions affected the patient’s social life and the financial loss they incurred during its treatment. I would request the disclosure of the full medical report of my client. In my quest for justice, all nurses who attended to him would be questioned and proof of quality care would have to be presented in the court. In addition, I would request that all the academic qualifications of the nurses who attended to my client to be reviewed. This is to ensure that no quack attended to my client hence making him contact skin lesions. While challenging the nurses’ claim that my client had been turned every 2 to 3 hours, I would request the court to order the defendants to produce at least security camera evidence. This would help in proving that indeed actual turning of the patient took place. Lack of such evidence would show the lack of the hospital to embrace maximum quality care to the patients. Finally, I would request the defendants to produce evidence that the tube feedings and supplements were correctly given. The list of supplements should be made public and its efficiency and risk factor assessed. I would request to know the immediate steps the nurses took after realizing that my client was developing skin lesions. Failure to immediately prevent further development of skin lesions showed lack of commitment by the nurses towards their patients. 4. What would the nurses need to demonstrate that the nursing care they provided was not negligent? The nurses would have to provide a full medical report of how the patient was cared for. These records should include a report signed by the hospital management of the hospital acknowledging the standards of care given by the nurses. In addition, a record of the patient’s previous medical reports could also be availed in court for comparison purposes. Those records would act as proof that indeed there was no malpractice during the patients care. The nurses can provide more information about the other causes of skin lesions. Skin lesions are not necessarily caused by lack of turning of an immobile patient; they can also be caused by allergic reactions, bacterial infection, warts, acne, virus, fungal infection or even scabies. Such detailed information can be used by the nurses to defend themselves against the negligence charges. Proof of care can be clearly shown by the security cameras. Due to technological advancement, it has been possible to set up surveillance cameras in strategic positions in a hospital. These cameras are able to record all the activities that take place in the hospital. The nurses can use this evidence to prove that indeed the patient was well cared for. Finally, the nurses must come up with witnesses who would provide credible testimonies and solid evidence to prove that there was no negligence. These witnesses must provide enough information about the nursing procedures and how patients with such conditions are well cared for. A witness statement from a nurse who supervised the turning of the patient and the assessment of the skin breakdown condition can be of great importance. 5. Explain which type of court would hear this law suit. This case lies under a civil case because it involves a lawsuit between two people and aims at getting compensation for the complainant. In the American judicial system, this case would be heard by the United States district courts in which a judge or a jury will settle the matter. These courts are under the federal branch of American court system. 6. If you were the judge in this case how would you decide the outcome? Why? If I was the judge, compensation to the patient would be awarded. This is because; the American constitution clearly states that everyone has the right to quality medical care. The nurses should therefore be competent and able to guide every American citizen fairly. They should understand that when a patient is put under their care, maximum care and attention must be given to him/her. These ruling would act as a warning to other incompetent nurses and hence the nursing standards would be keenly adhered to. 7. If the outcome was not what you expected, how would you appeal the judge’s verdict? In the event that am not satisfied with the verdict, I would file an appeal in the United States courts of appeal. As stated in the American constitution, every citizen has a right to appeal in the event that there is an unfair ruling. The grounds of appeal would be that the district judge made an error during the interpretation of the law or the judge included false evidence in the judgment. The court of appeal would review the case and hence another verdict would be given. References Margaret, A. (2005). Ethics and contemporary issues in nursing. Albany, NY: Delmar publishers. Thompson, E. I., Melia, K. M., 7 Boyd, K. M. (2005). Nursing ethics. 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