In the paper “Legal aspect of nursing” the author analyzes a number of illegal actions of the health professionals that can only be tamed by strict adherence to the law. The case involving Jones and the hospital staff is one among many others that have always raised concern on the role of nurses…
The first part is the knowledge of the problem in question and this is followed by duty to care and finally failure to take necessary preventative measures against foreseeable harm. The physician had already conducted X-ray as a professional and signed a contract to undertake surgery on the boy the following day. This qualifies to make it clear that the physician had already established the existence of a problem (Bar, Drobnig, Alpa & European Commission, 2004). The next action he ought to have considered is the duty to care which was pegged on his professional know how in the mind of any normal person like Jones parents. This means that he ought to have foreseen any possible harm that would arise from any of his actions. Administering of sedation by the anaesthesian amounted to failure to take preventative action against the impending harm. There was also the vicarious liability which was associated by the health center since the physician and the anaesthesian were its employees. By being an agency to the healthcare Center, the management of the healthcare facility was likely to be brought into this legal battle. In other words, this case constitutes negligence and breach of contract which caused loss to the parents and harm to the patients. Contractual agreement between the hospital through its agency in the physician failed to live up to its role forcing the healthcare sector to take liability.This case presents a scene of negligence on the part of the Physician. Jones parents entrusted the physician. with the safety of their son in the sense that he was expected to have reasoned from his professional knowledge and these parents had only one option which was to believe in him. It turns out that the physician negligently procured sedatory drugs that only worsened the pain of the boy which later turned him into disability. The physician out of his skills and knowledge about the effects of the drugs ought to have advised the parents appropriately so that they would give consent with full knowledge of such a possibility of outcome (Cornford, 2008). By taking this unprofessional move and exploiting the ignorance of the parents and the patients about medical issues, he was bound by the law to have become liable to the subsequent disability that Jones experienced.
The physician and the anaesthesian are bound to be liable to the damages caused to the parents and the disable boy. They were trusted with the life of the boy due to the expected knowledge endowment and it was therefore important that they foresee the danger of using sedation. The healthcare center employed the physician and the anaesthesian and this make them to be the agents of the center. In this respect, there was vicarious liability on the healthcare center and a joint liability between the anaesthesian and the physician (Bar, Drobnig, Alpa & European Commission, 2004). However, the ruling of the judge had to drop the healthcare center from the case since the physician must have acted outside the instructions and duty descriptions by the center. In such a case, the physician and the anaethesian did not work in the interest of their employer. The ...
Cite this document
(“Legal aspect of nursing Case Study Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.net/nursing/84926-legal-aspect-of-nursing
(Legal Aspect of Nursing Case Study Example | Topics and Well Written Essays - 750 Words)
“Legal Aspect of Nursing Case Study Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.net/nursing/84926-legal-aspect-of-nursing.
Nowadays it is evident that the more negligence cases in the healthcare field, the few individuals who are willing to join the nursing field due to panic of lawful implications and invincible suits that rise during the delivery of nursing services to the patient (Barbara, and Phillips, 2013).
Nurses had the duty to manually document the patient details, time, route and dosage on paper based medical administration record (MAR). Later, discrepancies were noted in the electronic data and hand written records. The nurse was unable to make a reasonable explanation and was later suspended by the supervisor.
Malpractice involves a professional individual expressing an improper discharge of their responsibility which may result in damage or harm to another individual (deWit, 2001). On admission it was clear that Mr. Garcia case required delicate and intense care from the hospital and its staff.
Recently the patient has suffered a hemorrhagic stroke in the course of dialysis treatment. This has left him aphasic with right sided hemiplegia. Fortunately, there is a kidney available and the patient can undergo a kidney transplant. Evidently, Mr. Suarez is in a very critical health state and this casts doubt over his eligibility as a kidney transplant recipient.
The capacity of the nursing home is about 120 beds, including several specialised treatment departments. As the number of residents has been increasing steadily during the last five years the plans for extension of the capacity of the nursing home by the means of building additional wing are considered.
Other principles that were noted were giving medication a different route than prescribed; not charting the administration of medication in a timely manner and that the hospital has no policy on who should document the medication in case a nurse is working with a someone
erself admitted to frequently making records long after the medication had already been administered and hence making her records prone to error (Butts & Rich, 2008). It is of paramount importance that a nurse should keep accurate records of all narcotics dispensation, dosage as
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
Failure to act as patients advocate. The physician did not discharge his duties in a manner that best suits the patient. The physician should have done his very best to ensure that the patient receives