The legal doctrine of res ipsa loquitur has a lot to do with the practice of anesthesia which, in turn, is really about protecting patients and providing the best patient care. Blumenreich sums up what res ipsa loquitur is by saying; “under certain circumstances the mere fact that damage occurs is sufficient proof of negligence without requiring the plaintiff to have to prove it” (Blumenreich, 1997). Documentation is key in defending oneself, especially when cases are brought up, as my classmates mentioned, many years after the fact. Documentation is also important in order to provide a flow or a routine in the care being provided. For example, Nagelhout’s book talks about the flow of anesthesia practice during induction, in almost all
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
“One of those obligations is that it must exercise a proper degree of care for its patients, and, to the extent that it fails in that care, it should be liable in damages as any other commercial firm would be
These are Verbal, Non-Verbal and Written communication. Verbal communication refers to spoken contact between individuals, Non-Verbal is unspoken communication such as body language and written communication that uses a different pathway such as a letter. The success of verbal communication is dependent on precise, well defined, clear and age appropriate contact (RCN 2015). For example, a paediatric patient’s diagnosis may be approached with a less detailed account of the illness, thus not to confuse the individual or provoke fear. Furthermore non-verbal communication constructs a large percentage of paediatric nursing cases, due to circumstances where verbal communication is not possible. Patient-oriented care is vital for growing an understanding of the individual’s non-verbal signs of pain, which expressed the importance of actively looking for distress signals (Mattsson 2002). Finally written communication acts as the record keeping and documentation element of nursing care, which is a fundamental skill for all medical staff (NMC 2002). Incorrect written communication can lead to individual missing key changes in a patient’s condition thus leading to a potential fall in a patient’s health (Inan and Dinc
Healthcare creates unique dilemmas that must consider the common good of every patient. Medical professionals, on a frequent basis, face situations that require complicated, and at times, difficult decision-making. The medical matters they decide on are often sensitive and critical in regards to patient needs and care. In the Case of Marguerite M and the Angiogram, the medical team in both cases were faced with the critical question of which patient gets the necessary medical care when resources are limited. In like manner, when one patient receives the appropriate care at the expense of another, medical professionals face the possibility of liability and litigation. These medical circumstances place a burden on the healthcare professionals to think and act in the best interest of the patient while still considering the ethical and legal issues they may confront as a result of their choices and actions. Medical ethics and law are always evolving as rapid advances in all areas of healthcare take place.
In this paper, I will be arguing a that in the Please Let Me Die case, the patient did not give informed consent to rejecting treatment due to a variety of factors. In summary, the patient was a 25-year-old male named Dax Cowart who suffered severe burns over 65% of his body after a propane gas explosion. He had several fingers amputated and his right eye removed after he was stabilized. He was discharged with minimal use of his hands, totally blind, and needed assistance with daily activities. He asked that treatment be discontinued throughout his hospital stay and rehabilitation, but his request was denied because his physicians deemed him not competent. I believe he was not competent because of his injuries; as is said about many patients
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
The Res Gestae was written by Augustus shortly before his death in 14 AD. It gives details about his life and many achievements as the first Roman emperor. The main purpose of the Res Gestae was for Augustus to preserve the memory of himself as a great emperor whose achievements transformed Rome into a great empire. The original was transcribed onto a pair of bronze pillars in Rome following his death but it didn’t survive. There is a copy that exists in Ankara, Turkey in front of a temple for Augustus.
When educating our patients it is important to make sure that all education is documented. Documentation of all patient education is important because this will provide legal record for the nurse. It is also important in documentation that this will validate that all standards of care are being met. The Joint Commission will review charts and audit for the proper documentation such as patient education. The result of proper charting will provide reimbursement for the hospital, along with creating a safe environment for the patients. When it comes to the Joint Commission it also brings importance to tactics for patients with low literacy. As part of making care patient-centered, healthy literacy comes into play. When documenting this is an area that nurses have accountability for in order to create a safe learning environment. There is a high rate of medical errors and adverse events related to communication breakdowns, now widely recognized, are also widely acknowledged to be untenable (Edwards). The Joint Commission allows for guidelines to establish patient-centered care in order to create the best outcomes for
Every patient's medical records are different some contain more information due to their medical history. If a patient has alot of problems and have been treated then their file would have more information . Certain records also contain history of complaints and procedure, few records have photographs with a short summary of what is present. Medical records can be electronically stored , traditioanlly handwritten and even voice recorded. Medical records that are written on paper and kepted in folders are divivided into informative sections It contains medical terminology terms that any person in the medical field can read It should be written in either black or blue ink. Each provider should always document the evaluation and results of every visit during the visit. It is prohibited to pre-date or backdate an entry. If there is to be a mistake written in a wrong patients file it should be dated and signed by the person that is revising the file; this shows proof that it was corrected..
Codes of nursing ethics and legal legislation have addressed almost all the necessary action in making decision in consideration to the best interest of the patient. Nurses must make sure that they are all guided by the set standard to lead their action and produced desirable and ethically sound outcome. However, it is realistic to acknowledge that there are some instances that moral act contradict legal act, in this case, the principle of prima facie can be applied.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
Documentation is proper recording as regards to time, place, circumstances and attribution. It’s a written record of information. Communication is the first important step to documentation because nurses can’t document a patient information and medical history without interacting with them. Even the simplest statement could end up becoming very important when determining a treatment or even diagnosis.
Being knowledgeable and factual is key to providing an accurate and credible description to the patient. These points emphasize the importance of knowing and continuing to grow in the human science portion of
Good documentation remains in line with the NMC Code of Professional Conduct 2008 and to promote better communication (NMC 2008).
Analyze the impact of poor documentation in patient care? Give one or two examples. Explain possible legal concerns for poor documentation.