1. The nurse is asked to implement a new, complex, and invasive procedure and is concerned that this may violate the state’s nurse practice act.
A. What are the logical steps that the nurse should take to clarify the legal scope of nursing practice in this case?
Nurse should know the her states rules and regulations and her scope of practice.
B. In what order should the nurse proceed?
Nurse should fallow the policy and procedure according to facility regulations. 2. A new graduate nurse is working in the pediatric intensive care unit. She has been employed a total of 5 months, 3 of which were spent in orientation. Her patient, a child with a cardiac defect and pneumonia, has a very unstable condition and has needed an increasing amount
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What duty, if any, did the charge nurse have to the child?
D. Would the physician’s knowledge of the child’s condition serve as a defense against a claim of nursing negligence, particularly because the new graduate had spoken to the physician four times? 3. A nurse who works the night shift in an emergency department is told to prepare a pregnant woman in labor for transport to a high-risk perinatal center. The nurse is aware that an “antidumping” law governs transfer of emergency department patients and is unsure whether this transport is lawful.
A. How can the nurse quickly determine the lawfulness of this transport at 3 o’clock in the morning?
B. What resources should the nurse access for information?
C. How would the nurse prioritize the process of obtaining clarification? 4. A nurse in an ambulatory setting administers a prescribed antibiotic. The “five rights” of medication administration are observed. However, the patient, who has no known allergies, experiences an anaphylactic reaction. The patient is skillfully resuscitated and is promptly transported to the nearest hospital. Unfortunately, he suffers permanent hypoxic brain damage and severe disability. The family sues the clinic, the physician, and the
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At change of shift, a nurse who is working days in a nursing home is told by the night nurse, “Mr. Jones is always tied in a vest restraint at night, just to make sure he doesn’t get out of bed and fall, but he’s really upset. He just doesn’t understand it’s for his own good.” The nurse quickly reviews Mr. Jones’s record. He is noted to be a competent, compliant adult, without a psychiatric history or evidence of mental disorientation. He takes no medications that would alter his mentation. When the nurse enters the room, Mr. Jones is weeping. He states, “I feel like a criminal being tied up. I’ve urinated in my bed because no one answered my call light. I’m so
Topic: Choose an aspect of the law and discuss this in relation to the role of the nurse. (Consent)
malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.
Charleston Community Memorial Hospital proved a corporate negligence doctrine in the case (Pozgar, 2013). The court found a jury could reasonably find negligence due to the fact that staff did not test for circulation as often as needed, it was concluded that skilled nurses would have been aware of circulation problems, informing attending staff promptly (Law School Case Briefs,2013). There was no argument that the defendant, the hospital in this case, failed to review physicians work, or require a consultation. A jury found that this failure was within reason to assume a negligent act was performed, or not performed in this case (Law School Case Briefs,2013). A person goes to a hospital and within reason expects the hospital to treat them (Pozgar, 2013). There is a legitimate basis in this case to hold the hospital vicariously responsible for torts of its employed staff (Law School Case Briefs,2013). In Darling v. Charleston Community Memorial Hospital, the jury found negligence by both the doctor and the nursing staff, this was supported with evidence during the trial (Law School Case
The plaintiff in Ard v. East Jefferson General Hospital, stated on 20 May, she had rang the nurses station to inform the nursing staff that her husband was experiencing symptoms of nausea, pain, and shortness of breathe. After ringing the call button for several times her spouse received his medication. Mrs. Ard noticed that her husband continued to have difficulty breathing and ringing from side to side, the patient spouse rang the nursing station for approximately an hour and twenty-five minutes until the defendant (Ms. Florscheim) enter the room and initiated a code blue, which Mr. Ard didn’t recover. The expert witness testified that the defendant failed to provide the standard of care concerning the decease and should have read the physician’s progress notes stating patient is high risk upon assessment and observation. The defendant testified she checked on the patient but no documentation was noted. The defendant expert witness disagrees with breech of duty, which upon cross-examination the expert witness agrees with the breech of duty. The district judge, upon judgment, the defendant failed to provide the standard of care (Pozgar, 2012, p. 215-216) and award the plaintiff for damages from $50,000 to $150,000 (Pozgar, 2012, p. 242).
An experienced nurse Julie Thao was taking care of 16-yeas old Jasmine Gant who was about t give a birth. Thao is accused of making a mistake that had terrible and tragic result on the life of a pregnant teenage, unborn child, Gant’s family, health care, and Thao’s life. Thao mistakenly gave Gant an epidural anesthetic intravenously instead of an IV antibiotic for a strep infection. Within minutes of receiving the epidural IV, Gant suffered seizures and died. Her child, a boy, was delivered by emergency Caesarean section and survived. So what caused this tragedy to happen? According to investigation, Thao improperly removed the epidural bag from a locked storage system without authorization, she did not scan the bar code, which would have told
The facts of this case are that Dr. Guiles who is self-conscious of his prostate cancer diagnosis is treated horrendously when he finally decides to have surgery ( Buchbinder, Shanks & Buchbinder, 2014). Considering that Dr. Guiles is already sensitive about his condition, his unbearable symptoms are not helping matters (Buchbinder et al, 2014). Upon arrival at the hospital, he is treated subpar. The admitting clerk is rude and unbecoming to a patient who isn’t feeling well and who is embarrassed about his sickness (Buchbinder et al., 2014). To make matters worse, he has to find his own way up to the floor by walking, which causes him to be even later in checking in because of the need to stop frequently to urinate as well as having difficulty in walking (Buchbinder et al., 2014). Once he arrives on the floor, the charge nurse is not welcoming and unprofessional (Buchbinder et al., 2014). After figuring out what to do with the paperwork; and the nurse aide delivers Dr. Guiles to his room, the nurse aide does not offer to help settle him in (Buchbinder et al., 2014). Therefore, Dr. Guiles is faced with battling obnoxious family members who are on his bed and to make matters worse someone is in the bathroom which doesn’t help his need of having to frequently urinate (Buchbinder et al., 2014). When the issues are brought up to the charge nurse, the charge nurse accuses Dr. Guiles of wanting preferential treatment
A nurse attending stated “during the morning’s second surgery, he actually dozed off. The nurse took him aside and recommended that he take a break, but he refused and returned to the operation.” The nurse here was in fault in more ways than one. This nurse should never allowed the doctor return back to operate on the patient, he should have been removed from the operating room immediately. The nurse should have
Nurses are facing many legal or ethical dilemmas in their career. Nurses should combine knowledge of ethical and legal aspects of health care and professional values into nursing practice. It is very essential to know what kind of dilemmas nurses may face during their profession and how they have been dealt with in the past.
a. The LPN was engaged in caring for the emergency transport patient along with the RN and was also in the process of discharging the other two patients. 3. Why did the LPN not notify the RN of the alarm and reading? a. With the information provided, it appears that the LPN was distracted as well as did not follow her scope of practice.
There are many ethical dilemmas that occur daily in our hospitals across the world. Not everyone agrees with standards and policies that are required in hospitals or even with the law. If not everyone obeys the law, ethical cases form. In Springfield, Missouri, a holistic nurse got fired for fighting against Cox South hospital policies. Carla Brock has been a nurse at Cox South hospital and not only refused the flu shot, but also refused to wear a mask. She refused due to religious beliefs, she gets short of breath while wearing the mask, and she feels the mask is meant to intimidate and humiliate those who refuse the shot. The ethical question in this case study is to decide if Carla should have been fired for not wearing a mask after refusing the flu shot and what are other potential proposals. The four-way method will separate out what are the truths, consequences, fairness, and character, of this ethical case study.
Any reasonable organization would be able to predict or expect that the ER nurses condition needed to be addressed by the hospital as it would ultimately lead to harmful result if they didn’t act upon the physician’s recommendation and the previous history of errors (Pozgar, 2012). The hospital failed to supervise or establish appropriate policies to provide reasonable accommodations for the pregnant ER nurse. While not directly at fault for the negligence by the nurse under the borrowed servant doctrine the hospital would be liable for the acts of their agents and in the least contributed to the negligence (Pozgar, 2012 and “Comparative and Contributory Negligence”,
In the 25th week of her pregnancy, the mother was advised by the nurse to remain on bed rest to avoid further complications and potentially hurting her unborn baby. The mother continued to work from the hospital placing additional stress on the baby despite the nurse’s appeal that such stress can cause the baby harm. Attempts to stop premature delivery were made but failed, the mother asked the medical team not to take any extraordinary measure to save the baby. The premature baby lived but the mother showed little interest in his health and wellness. The nurse tried to the best of her ability to spark
M was taking a look at his leg that was injured but seemed to be healing. All was thought to be well until one office visit the doctor went across the hall to check on another patient who seemed to have an infected leg. The doctor left the door open where confidentiality here was obviously not being taking into consideration for the patient he was seeing as well as others who were able to hear them. Since the door was open, his parents noticed that he did not change his gloves while entering that other room and came back to check on their son with no gloves on. Dr. M was concerned about Jacobs leg and told him to come back the following week while treating it with antibiotics. The following week he comes back only to see that he has developed osteomyelitis. This was the same infection that the other patient developed while under the care of his supervision. Jacobs delay in his recover cost him the opportunity to play football and a college scholarship. Jacobs’s parents then resorted to suing Dr. M because of his negligence and lack of medical
As part of Lori’s assignment, she is observing Mr. Baker’s surgery. She is to follow the circulating nurse. What will Lori learn is the role of the circulating nurse during the surgery?
I have number 4 which states How has the broadening of the scope of nursing practice affected the possibility for legal action involving nurses? I was a bit confused am I answering the legal issues we as nurses face such as delegating, confidentiality and so fourth or issues such as ARNP's who can prescribe medications in certain states depending on their laws?