In a probable nursing negligence case, the plaintiff must first obtain the medical records. This allows the attorney to review the care and treatment rendered to the patient through an examination of the records. This would include a chronology of events to allow the parties in the litigation to put the details into perspective. The medical records would be used in every court session and would entail the care given, medications, treatments, and all the tests carried out in a chronological order to provide a clear guideline into the medical negligence case. This would also serve as a guide to ascertain the torts and breaches that may have occurred. The plaintiff lawyers would also need to obtain documents proving product liability claims as …show more content…
Other records that may be obtained include a written plan of care for the patient as well as documents providing a quality assessment and assurance requirements. This would also include physician orders, nurses’ notes, assessments, incident reports, medication and treatment sheets, care plans, social service records, and the admission face sheet. Personnel files of each involved person in the case would prove useful to the plaintiff. This would tracking down the individual records of each of them, especially Joseph who is rumored to be alcoholic and also provided a testimony that was different from Kelly’s. The hospital and the staff involved in the care of the patient would be held liable to negligence particularly due to lack of clear records determining the exact time the vital signs and epidural site were assessed in addition to allowing time to lapse between vomiting and responding to the patient. In the case of Griffin v. The Methodist Hospital, medical malpractice was brought before a court on grounds of negligence whereby treatment caused Achilles tendon contracture. The affidavits submitted failed to address care or treatment necessary to prevent the condition in addition to failure to provide when or how the patient’s condition was assessed. The hospital and nurses were liable to charges of
On July 11th, 1975 in Milwaukee, Wisconsin a doctor by the name of Lester V. Salinsky, performed a surgery on the plaintiff, James Johnson. The surgery was took place at Misericordia Community Hospital (Misericordia), defendant, by Dr. Salinsky. Dr. Salinsky was scheduled to remove a pin fragment from the plaintiff’s right hip. However, “during the course of this surgery, the plaintiff’s common femoral nerve and artery were damaged causing a permanent paralytic condition of his right thigh muscles with resultant atrophy and weakness and loss of function” (Johnson v. Misericordia Community Hospital, n.d.). The plaintiff filed suit against Dr. Salinksy and Misericorida on October 13th, 1976, fifteen months after his unsuccessful surgery, which
For instance if a patient refuse to take his medication nurses document exactly what the patient said in the patient’s own word like nurse I won’t take this drug am tired of it and he threw it on the floor. The nurse in question will document the time, date and her full name including signature to avoid being criticized she will go further to explain how she notified the physician, how she provided the care and also verbal and non-verbal responses of the patient .
Medical records are the most basic of clinical tools (Pullen and Loudon 2006) and their main importance is to serve as a form of memoir or aid in client and patient support. Medical records therefore provides essential evidence of care provision, thereby enabling effective communication between health care professionals, members of the multidisciplinary team and all clinicians as a whole.
Identify model case is the next step of the analysis. For instance, a practice case may be created where all attributes are evident. Also, a contrast case may also be created that convincingly does not demonstrate the concept being analyzed. Following the identification of a model case and contrary cases, antecedents and consequences can be explored. The reason of distinguishing antecedents and consequences is to shed extra light on the public setting in which the concept malpractice happens. Antecedents are referred to as those proceedings, events, or performances that are necessary to happen before the concept malpractice takes place. The following two antecedents were identified: absence of adequate teaching and training, and absence of care and notice to detail on behalf of the nurse. Consequences are referred to occasions of events that occur as a result of the happening of malpractice. For this particular concept analysis, six consequences were recognized. First, injury or death to the patient; second, lose of money to both patient and nurse; third, decrease in reputation of the nurse that can have financial ramifications; fourth, the nurse can be accused of
The patient (James Laney), indicated he tossed a piece of paper and missed the trash can in his room. The employee (Johnnie Edmonds, RN), yelled at him in a harsh tone to pick it up. The patient indicated he was unable to walk to the trash can due to his infected diabetic foot ulcer, which was the reason why he threw the piece of paper and missed the trash can. The patients also indicated the nurse was confrontational in discussing his plan of care after the event. He informed the nurse, he did not want him to provide care for him during the remaining of the shift. The patient alleges he was dis-respected by the nurse, because he continued to come in his room and taunt him after being asked not to enter his room, and requested another
In this essay the author will rationalize the relevance of professional, ethical and legal regulations in the practice of nursing. The author will discuss and analyze the chosen scenario and critically review the action taken in the expense of the patient and the care workers. In addition, the author will also evaluates the strength and limitations of the scenario in a broader issue with reasonable judgement supported by theories and principles of ethical and legal standards.
During a medical negligence case, the first phase is known as the written discovery phase of the litigation. It is during this phase that written documentation is requested, usually the initial set of interrogatories, and the request to produce documents including medical records and test slides or films taken. Risk managers must have a knowledge of the standard interrogatories and the types of required information in order to formulate an efficient, prompt and economical strategic discovery response.
It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is
There are three major section in the health record that was mentioned in the live conference. The first section mentioned was the Business information, which includes but not limited to information about the patient’s insurance, payments, and claims, routine patient identification such as the patient’s name, age, sex, date of birth,
In most cases, it includes failure to meet a standard of care or failure to deliver care that a reasonably prudent nurse would deliver in a similar situation. Medical malpractice is defined as professional negligence by a doctor, surgeon, nurse or other healthcare worker that causes physical or emotional harm to a patient. That negligence can come in the form of an act or the omission of an act of necessary care. Claims of medical malpractice are an important part of general patient dissatisfaction with modern health care. According to surveys, only one in 30 calls of inquiry to legal firms about malpractice actually results in the filing of a suit. Patients file malpractice lawsuits because of a variety of factors, including poor relationships with their doctors that antedate the alleged malpractice, medical advice to seek a legal remedy, and media advertising (Reising,
Ethical issues are often seen in healthcare. There are many cultures, beliefs, values and circumstances to be considered. There are many philosophies which can be useful in the patient-nurse relationship. Justice is the equal or fair treatment to all patients. In this situation the nurse should treat all patients the same without thought to their race or gender (Burkhardt & Nathaniel, 2014). For example, many patients have Medicaid as health insurance yet others have better compensating private insurance. The nurse or doctor would be showing justice when they provide the same amount of time and same level of care to both patients. This is fair and equal treatment regardless of the patients situation. We also have nonmaleficence which is obligation
In every nurse's career, he or she will face with legal and ethical dilemmas. One of the professional competencies for nursing states that nurses should "integrate knowledge of ethical and legal aspects of health care and professional values into nursing practice". It is important to know what types of dilemmas nurses may face
This chapter covers the background of the study, statement of the problem, objectives, hypothesis or research questions, significance of the study, the scope and limitation, delimitation assumptions of the study and operational definitions.