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Patient safety key words
Applying negligence principles
Delegation in nursing field
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Every day, nurses analyze facts and circumstances on a case-by-case basis, and then act on these analyses. Increasingly, we’re being held accountable for these nursing judgments—and the outcomes that ensue. Poor judgment can set the stage for a patient injury that leads to a malpractice claim. The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) defines negligence as a "failure to use such care as a reasonably prudent and careful person would use under similar circumstances." JCAHO defines malpractice as "improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory. Malpractice is a cause of action for which damages are allowed" (Joint Commission on Accreditation of Healthcare Organizations, 2003). …show more content…
The first one is nursing shortages and hospital downsizing have coincidentally added to greater workloads for nurses, increasing the chance of error. Second is delegation, this is a big one! As a result of hospitals trying to save money and HMOs in place, nurses are handing more of their duties to CNA’s. Nurses are held responsible for their duties and cannot risk the chance of mistakes being made by handing off their tasks. Hospitals should focus more on the kind of care they are giving rather than how much money they are making. The chain of events can be devastating to not only patients, but also the nurses and the hospitals because the patients will be getting care from unlicensed help and the nurses will be let go due to their negligence and the hospitals will be left with a shortage of
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….
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
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). ...
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.
This case study examines a case of an LPN who became ill while about halfway through her shift and chose to go home. This LPN was assigned to care for five patients in an obstetrical ward, four of which were considered stable. The fifth patient was awaiting an obstetrical consultation when the LPN became ill and vomited. At this time, she notified the other nurses and, subsequently, the charge nurse that she needed to leave due to illness. The charge nurse instructed her to notify her supervisor prior to leaving the facility; however, the LPN chose not to do so and went home. Her reasoning in not notifying her supervisor as she was instructed was that she feared that the supervisor would ask her to go to the emergency room for care. The LPN testified that she did not want to pay for an emergency visit and that she intended to make an appointment with her family doctor early that same day. The facility terminated the LPN’s contract and also reported her to the state board of nursing for patient abandonment. As a judgment, the board of nursing suspended here nursing license pending a psychological examination and fined her $1000 for abandoning her patients. In this paper, we will examine the viewpoints of the LPN, the charge nurse, and the nursing supervisor as they relate to the Nurse Practice Act and the board of nursing.
The problem is caused by finances. Hospitals claim they face declining reimbursements, and have chosen to cut nursing staff to lower their expenses.
The nursing profession is a profession where people put their trust in you to provide care that is not only effective, ethical, and moral, but safe. Not all health situations are simple or by the book. Not all hospitals have the same nurse-patient ratios, equipment, supplies, or support available, but all nurses have “the professional obligation to raise concerns regarding any patient assignment that puts patients or themselves at risk for harm” (ANA, 2009). When arriving at work for a shift, nurses must ensure that the assignment is safe for not only the patients, but also for themselves. There are times when this is not the situation. In these cases, the nurse has the right to invoke Safe Harbor, because according the ANA, nurses also “have the professional right to accept, reject or object in writing to any patient assignment that puts patient or themselves at serious risk for harm” (ANA, 2009).
Thousands of nurses throughout the nation are exhausted and overwhelmed due to their heavy workload. The administrators do not staff the units properly; therefore, they give each nurse more patients to care for to compensate for the lack of staff. There are several reasons to why
Since the 1990’s, the interest in nursing and the profession as a whole has decreased dramatically and is still expected to do so over the next 10-15 years according to some researchers. With this nursing shortage, many factors are affected. Organizations have to face challenges of low staffing, higher costs for resources, recruiting and reserving of registered nurses, among liability issues as well. Some of the main issues arising from this nurse shortage are the impact of quality and continuity of care, organizational costs, the effect it has on nursing staff, and etc. However, this not only affects an organization and community, but affects the nurses the same. Nurses are becoming overwhelmed and are questioning the quality of care that each patient deserves. This shortage is not an issue that is to be taken lightly. The repercussions that are faced by both nurses and the organization are critical. Therefore, state funding should be implemented to private hospitals in order to resolve the shortage of nurses. State funds will therefore, relieve the overwhelming burdens on the staff, provide a safe and stress free environment for the patient, and allow appropriate funds needed to keep the facility and organization operational.
When evaluating medical malpractice, this can be performed by any healthcare professional. It is easy to classify this to be misdiagnosis, delayed diagnosis, delayed treatment, even not taking the time to evaluate a patient properly. When practicing medicine it is important that all measures be taken when a patient is showing signs of infection or having any adverse reaction to medication. In the case study below this is a prime example of the importance of checking patient progression.
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.
However, we are looking at a case study where patients safety has been compromised, professionalism has been voided, lack of communication, nurses aren’t liable for their work, the duty of care has been breached and lot more issues can be discovered. Which will be incorporated in this paper. Looking at the patient Christopher Hammett
Accountability in Nursing Practice: Why It is Important for Patient Safety. AORN Journal, 100 (5), 537-541. Retrieved from Ebsohost Database.
M. (2014). Accountability in Nursing Practice: Why It Is Important for Patient Safety. AORN Journal, 100(5), 537-541. doi:10.1016/j.aorn.2014.08.008
Ethical issues are often seen in healthcare. There are many cultures, beliefs, values and circumstances to be considered. There are many philosophies which can be useful in the patient-nurse relationship. Justice is the equal or fair treatment to all patients. In this situation the nurse should treat all patients the same without thought to their race or gender (Burkhardt & Nathaniel, 2014). For example, many patients have Medicaid as health insurance yet others have better compensating private insurance. The nurse or doctor would be showing justice when they provide the same amount of time and same level of care to both patients. This is fair and equal treatment regardless of the patients situation. We also have nonmaleficence which is obligation