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Legal & Ethical Issues in Nursing - Essay Example

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In the case study presented, the principles of protection of safety of the patient are as follows: The first principle is that security safeguards should be effected to protect the patients' health, and this happens when transporting Antonia to hospital from the convenience store where he was in confusion…
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Legal & Ethical Issues in Nursing
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Legal & Ethical Issues in Nursing

-The second principle implies that, under some circumstances, the physicians can rely on implied informed consent of the patient information in order to deliver their services as illustrated when the staff used information from Antonia. The patient disclosed that he wanted to kill himself, and they, therefore, used the information to put him under soft psychiatric restraints pending the admission to the acute care psychiatric unit to prevent harm (Ginny, 2010).
-The third principle is that paediatricians should bring out the best health outcomes, and should collaborate with other health care teams in creating safe environments for patients as well as prevent the medical errors. We get this from the Antonia’s wife suing the medical staff and the facility for ignoring the health condition of her husband (Ginny, 2010).
Defendants
Defendants refer to any person/object charged of committing a crime. The defendant must answer the plaintiff in the civil lawsuit before the court, or before the party accused or charged of violating the criminal statute. In the case presented, defendants comprise the staff members and the facility. Staff members could be potentially held liable for failing to provide the direct patient observation. The staff should take charge of one-to-one observation of the patient as outlined in the paediatric principles. Failure to take care of the patient results to harmful consequences, of which some may result to death as in the case of Garcia. This clearly indicates neglect of duties and responsibilities. The staffs were aware of the condition of the patient, and after administering restraints, they failed to keep a check.
(Ginny, 2010). Court Ruling I think the court will judge against the staff and the facility. This is because there is evidence of complete ignorance of regulations and rules of paediatric principles. First, failure of observing the patient on one-to-one basis until he runs away is a serious offense that shows the neglect of duty. This is an unconstitutional violation of patient’s safety law. Usually, medical malpractice is a serious offense in law, and lawyers use it to refer to negligence resulting in injury or death by the healthcare provider upon failure to adhere to the accepted standards of practice for relevant procedure. Professional care providers refer to doctors, technicians, nursing home facilities and hospitals among other entities involved in the provision of medical care. Also, medical malpractice may occur through the outpatient with hospital negligence involved. The cases involving medical malpractice are handled by the law firm where the attorneys prove the liability of the hospital in offering resources to insurance companies. The court is likely to penalize the medical staff. Also, the court can review their rulings and formulate Acts that will protect the patients against medical malpractice. For instance, giving the examples on such court rulings; in August 2007, a woman in California underwent mastectomy twice, after which she discovered that she never had breast cancer. A medical malpractice lawsuit ruled of payment of $198,000. The breasts of Ana Jimenez-Salgado were removed at Los Angeles hospital after external pathologists said that the biopsy results indicated that the cells were cancerous. She discovered that she never had cancer after she went for reconstructive surgery later. The lawsuit alleged on negligence of ... Read More
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