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Basic principles of negligence
Carelessness or negligence case
Carelessness or negligence case
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This hypothetical case Einaugler (Mr. Frost) v. Supreme Court of New York can be view as a non-intentional tort. Intentional tort is a deliberate act. The proof of intent can be attributed to the defendant’s intended act of his or her behavior. This is a case of negligence and negligence as defined by (Pozgar, 2016) is the failure to act when there is a legal duty to act, a wrong that involves a willful act that violates another’s interest and led to emotional distress as seen in this case. Dr. Frame’s negligence is a “form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society (Pozgar, 2016, p.65). Dr. Frame ordered a nurse to pump …show more content…
feeding solution through a catheter implant in Mr. Frost’s abdomen. After a few days of emotional distress, Mr. Frost died in the hospital. Such an act of negligence can occur when “a person does not exercise the best possible judgment or when one engages in behavior expected to involve unreasonable danger to others” (Pozgar, 2016, p.65). This paper will take an enthralling exposition in providing an overview of three different perspectives from Mrs. Frost view, to Linda Sum and Dr. Frame to the administrator of Greater work hospital. Mrs. Frost: Dr. Frame mistook a kidney dialysis catheter implanted in Mr. Frost’s abdomen for a feeding tube and ordered the nurse to pump a feeding solution through the catheter implant. Even when he discovered the potentially lethal mix-up, he failed to transferred Mr. Frost to the hospital even though he knew the lapses could endanger his health. This can be considered as a horrific negligence but it becomes an issue when Dr. Frame failed to heel to instructions from the patient’s kidney specialist to begin lavage immediately on Mr. Frost and if short-staffed, hospitalized him immediately. We should be mindful of the fact that a nurse informed the nursing supervisor Linda Sum who intend, notified Dr. Frame that Mr. Frost stomach was extended and he was in a deteriorating condition. That is when Dr. Frame then ordered that Mr. Frost be transferred to Even Greater Works Hospital (EGWH) where he went essentially, untreated until Monday morning. On Monday, Mr. Frost received lavage to remove the remaining feeding solution from his peritoneal cavity and antibiotics to prevent infection. Mr. Frost died four days later. I have several questions and I believe the administration will provide me with appropriate responses.
Did Dr. Frame read the Mr. Frost’s medical history? Did he reviewed his notes before treating the patient? Mr. Frost was transferred to the hospital for a specific reason; to receive kidney transfer from his twin brother James. So how could the attending physician not be aware of his medical history? And if Dr. Frost had failed to do this, what about the nurse? When the patient was transferred to Greater works hospital for treatment of renal disease, did the previous facility not give any report about Dr. Frost medical condition? And going back to the nurse who administered the feeding solution through the Mr. Frost catheter implant, was the nurse aware of the fact that it was a catheter implant? If yes, why did the nurse failed to inform Dr. Frost that it is a catheter implant not a feeding tube? Was the nurse so ignorant to realized such an error? Is the nurse knowledgeable about the patient’s medical history? And what about Even greater works hospital (EGWH)? When Mr. Frost was transferred to the hospital, why did the hospital delayed treatment till the next day? Did Greater works hospital notified EGWH that the patient was having an emergency? Mr. Frost was supposed to be transferred to EGWH intensive care unit (ICU) per his symptoms. Dr. Frame would have emphasized on this. While at EGWH, it was reported that Mr. Frost was less responsive, weak and unable to …show more content…
take food my mouth, did the hospital took any measures to treat his case as an emergency? Dr. Frame/Linda Sun Dr. Frame: I am conscious of the fact that I mistook a kidney dialysis catheter implanted in the patient’s abdomen for a feeding tube, and ordered the nurse pump feeding solution through it. I am also conscious of the fact that Dr. Heat ordered me to initiate lavage and antibiotic immediately, but he did not notify me that it was an emergency though, he cautioned that, if the facility is short-staffed, I should transfer patient to the EGWH. However, the nurse would have utilized her nursing knowledge and realized that it was a catheter implant and not a feeding site. It will be a great idea if the nursing supervisor can reach an arbitration with Mrs. Frost otherwise, my wish is for the jury to consider this case a medical malpractice and hold EGWH accountable for delaying Mr. frost’s medical treatment resulting to his dead. Linda Sun: Dr. Frame ordered me to administered feeding solution through the patient’s catheters’ implant. Per my profession, I would have been knowledgeable of the fact that it was a catheter implant and not a feeding tube. After performing such a terrific error and saw the consequences suffered by Mr. Frost, I notified the nursing supervisor of changes in his health condition which she immediately related to Dr. Frame. Dr. Heat, ordered Dr. Frame to initiate lavage and antibiotics immediately and a possible transfer to EGWH which he failed to do. The administrator: Mr.
Frost was transferred to Greater works hospital (GWH) for a specific reason; kidney transplant, which implies, the hospital was quite aware of his medical condition. For such a horrific error to have occurred, implies those involved were not knowledgeable of Mr. Frost’s medical condition or just negligence. Care should be safe, GWH should avoid injuries to patients from the care that is intended to help them. I will get into the details of this case by conducting an inquiry. My inquiry will include: whether the hospital got a report of Mr. Frost upon admission and if Mr. Heat communicated details about the patient to the hospital. Then I will be taking appropriate steps with the staff involved and at the same time, I will try to reach an arbitration with Mrs.
Frost. I know Dr. Frame mistook a kidney dialysis catheter implanted in Mr. Frame’s abdomen for a feeding tube and ordered the nurse to pump nutritional solution through it. When the lethal mix-up was found, Dr. Frame failed to heed instructions from the nephrologists that Mr. Frost should be hospitalized. This form of negligence is considered as nonfeasance: ‘which implies failure to act when there is a duty to act as a reasonably prudent person would in similar circum-stances” (Pozgar, 2016 p.66). The most disturbing part of it is that Mr. Frame tried to cover-up himself by personifying Dr. Heat’s notes that Mr. Frost transfer was not an emergency, it could wait till Monday. While I will try to reach an arbitration with Mrs. Frost, I will take the necessary steps to suspend Mr. Frame from practicing in GWH till further notice.
The issues are: (1) whether Dr. Stotler wrote an ambiguous order that led to the administration of fatal dose of Lanoxin and (2) whether negligence occurred as a result of not following standard of care by the nurse who misinterpreted dosage administration directions of the medication leading to fatal
The Lewis Blackman Case: Ethics, Law, and Implications for the Future Medical errors in decision making that result in harm or death are tragic and costly to the families affected. There are also negative impacts to the medical providers and the associated institutions (Wu, 2000). Patient safety is a cornerstone of higher-quality health care and nurses serve as a communication link in all settings which is critical in surveillance and coordination to reduce adverse outcomes (Mitchell, 2008). The Lewis Blackman Case 1 of 1 point accrued
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.
Upon further review of the evidence in the case, it was explained that Gordon fastened Cheyenne into the seat while she was asleep. This statement seems to eliminate any theory of infants negligence immediately since she was not the one to fasten the seat belt, in addition to her age barring recovery for infants negligence. When placing her into the vehicle he noted that the shoulder portion of the strap fell over her neck and head, allowing for a large amount of slack. Gordon’s direct statement indicates that he knew the seat belt was too large for Cheyenne, however he still placed her in the seat. It is unclear whether Gordon placed the strap behind Cheyenne’s back, or if some time during the ride Cheyenne placed the excess length of belt behind her own back. Since she
Mrs. Ard brought a wrongful death law suit against the hospital (Pozgar, 2014). The original verdict found in favor of Mrs. Ard, but the hospital appealed the court’s ruling (Pozgar, 2014). During the course of the appeal, an investigation of the records showed no documentation, by a nurse; of a visit to Mr. Ard during the time that Mrs. Ard stated she attempted to contact a nurse (Pozgar, 2014). The nurse on duty stated that she did check on Mr. Ard during that time; however, there were no notes in the patient’s chart to backup the claim that Mr. Ard had been checked on (Pozgar, 2014). One expert in nursing, Ms. Krebs, agreed that there was a failure in the treatment of Mr. Ard by the nurse on duty (Pozgar, 2014). ...
There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...
Jack’s case is an example of medical negligence. The physician that prescribed the prescription should have done a full physical and medical exam on the patient. Jack’s physician failed to ask if he was allergic to any medication. Before prescribing any medication one of the first questions should be what or if they are allergic to anything. Jack faced several health complications such as difficult breathing, turning red, and falling to the floor. He went into anaphylactic shock due to the fatal allergic reaction. The last encounter with Sulfa, Jack developed a rash due to the allergic reaction. Health professionals are required to undergo training
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.
Ohio Dep’t of Rehabilitation & Correction are the poor-quality patient care that Tomcik received and Tomcik’s health being at risk. Once engaged in a doctor-patient relationship, physicians are obligated to provide the best possible care for the patient by utilizing their skills and knowledge as expected from a competent physician under the same or similar conditions (“What Is a Doctor’s Duty of Care?” n.d.). However, in Tomcik’s situation, Dr. Evans did not deliver high-quality care, for he administered a perfunctory breast examination and thus did not follow standard protocols. There is evidence of indifference conveyed by Dr. Evans, and the lack of proper care towards Tomcik is an issue that can be scrutinized and judged appropriately. Additionally, Tomcik’s health was at risk due to the failure of a proper physical evaluation and the incredibly long delay in diagnosis and treatment. The negligence from Dr. Evans, along with the lack of medical attention sought out by Tomcik after she had first discovered the lump in her breast, may contribute to Tomcik’s life being in danger as well as the emotional anguish she may have felt during that time period. Overall, the incident of Tomcik’s expectations from the original physician and other employees at the institution not being met is an ethical issue that should be dealt with
When a driver runs a red light and no accident occurs, the driver is still negligent, even though no one got hurt. Similarly, a doctor or other health care professional might deviate from the appropriate medical standard of care in treating a patient, but if the patient is not harmed and their health is not impacted, that negligence won’t lead to a medical malpractice case.
There was inappropriate staffing in the Emergency Room which was a factor in the event. There was one registered nurse (RN) and one licensed practical nurse (LPN) on duty at the time of the incident. Additional staff was available and not called in. The Emergency Nurses Association holds the position there should be two registered nurses whose responsibility is to prov...
did owe a duty of care to Mrs. Donoghue, in that it was up to them to...
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
Christopher death could have been avoided if the Doctor had been able to identify the cause of his desaturation on time. Due to lack of nursing care and many human errors from both the medical team and nurses, it leads to his death as per the inquest. Patient safety was compromised. It was found that Dr. Wooller the anesthetist and Dr. Young the surgeon who operated on Mr. Hammett didn’t investigate on the significant oxygen desaturation event that occurred in PACU while he was transferred from Operation Theater. DR. young assumed it was due to obstructed airway. As Mr. Hammett had Guedels inserted. The inquest stated that the anesthetist was supposed to review the arterial blood gas and transferred Mr. Hammett to High dependency unit due to his desaturation event for more than 20min. The nurses looking after MR. Hammett in PACU was RN Turrell and RN Proud. RN Proud notified Dr. Woller about the desaturation event for which doctor paid the visit but didn’t physically examine Mr. Hammett and left with short conversation. If Dr. Woller had investigated the cause of desaturation event at that time probably they could have prevented the rest desaturation event but unfortunately, none of them were implemented, which lead to additional complication Following the event the deceased was administered bolus morphine for his pain, which was scored 4/10. The nurses working in PACU RN Proud notified the anesthetist about the oxygen stat
The patient in question was admitted with suspected pancreatitis. This piece of reflection will pay particular attention to the care I gave the patient in the form of instigating admission documentation, assessing their condition, instigating care plans and administration of any medications required. The patient in question had complex needs and as a staff nurse and according to the NMC (2009) I should be able to provide the care he/she required.