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Case study on nurses malpractices
Case study on nurses malpractices
Case study on nurses malpractices
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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
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
One of the main expectation from all Nurses and Midwives as laid down in the NMC Code of Conduct (2008) is that all Nurses and Midwives must keep clear and accurate records. The Department of Health’s (DH) policy statement on record keeping also place a responsibility on all health professionals to ensure that all records created and maintained are accurate, current, comprehensive, concise and legible. Such records should also provide information concerning the condition, treatment and care of the patient and associated observations (DH 2002).
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.
One measure of empirical evidence includes searching a judicial or regulatory body to verify if a civil or criminal determination of malpractice against a nurse was made. Another measure would be to search the National Practitioner Data Bank for malpractice information against a nurse. For this particular analysis, a review of literature was conducted which led to the following six groups of performance that, if classified in nursing practice, would reveal the incidence of malpractice. The six performance categories identified include the following: (a) medication error; (b) failure to comply with physician orders or protocols; (c) improper use of equipment or technology; (d) unsuccessful in removing a foreign object from the patient; (e) lack of adequate screening and assessment of the patient; and, (e) failure to address and/ or report necessary information in an appropriate amount of time (Weld & Garmon Bibb, 2009). Summary of Analysis and conclusion Knowing the concept of malpractice is an important concept for nurses to embrace.
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 .
Healthcare today has made incredible progress from its humble origins. In the past personal physician-patient relationships was based on the skillful exercise of medical expertise, today the most advanced and complex health care is centered on the hospital ( Chan) Liability for medical negligence has traditionally been focused, in accordance with the cardinal principle of individual responsibility, on the individual physician. However, due to advances and developments in health care technology, organization and funding, the delivery of healthcare continue to evolve, and health care is provided by a variety of healthcare institutions. ( Chan). Healthcare institutions are liable for what happens to patients at their premises.
Every day, nurses analyze facts and circumstances on a case-by-case basis, and then act on these analyses. Increasingly, we’re being held accountable for these nursing judgments—and the outcomes that ensue. Poor judgment can set the stage for a patient injury that leads to a malpractice claim.
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
The very nature of the medical profession makes it vulnerable to civil and criminal litigation. Keeping this fact in mind, it is essential to take into consideration both sides of the coin—cases in which the medical professional
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.
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
include, but are not limited to; keeping detailed records of patient medical history and symptoms,