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Nursing ethical violation
Negligence and malpractice in nursing practice
Negligence and malpractice in nursing practice
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Possible consequences associated: Agency vs. State Board * Patient abandonment can be viewed as a form of malpractice. Four elements must be proven in order for a health care provider to face legal consequences, which include duty to act, breach of duty, injury and causation (NT Contributor, 2012). Duty to act occurs when a relationship between the nurse and patient is created. Breach of duty occurs when there is a discrepancy in patient care. Injury occurs when the patient is harmed. In some cases, the patient may need an increased level of care or have a prolonged stay. Lastly, causation exists when the outcome leads back to the abrupt termination of patient care (NT Contributor, 2012). Resources Patient abandonment and a health care …show more content…
Health care facilities are accountable for ensuring a work environment that supports safe staffing levels and most importantly, efficient patient care. The Occupational Health and Safety Act ensures safety is maintained in a work environment (“A guide to the occupational health and safety act,” 2015). There are preventative measures that can be taken when a health care provider plans to refuse work, such as instances where their personal health issues and safety is in jeopardy. In Section 43 (1) (b) of OHSA, this does not apply if the worker’s refusal will directly endanger the safety and health of another person (“Refusing Assignments and Discontinuing Nursing Services,” 2009). A health care provider can only stop services if it is at the patient’s request or the patient is given a reasonable amount of time to find a replacement. Also, a health care provider has the right to refuse patient assignments when they feel that the nurse to patient ratio is unsafe and safe patient care cannot be provided (Indest, …show more content…
Statistics * Patient abandonment is viewed as medical malpractice when the ending result is a patient’s injury or death where events can lead back to the abrupt termination of patient care. The Institute of Medicine (Medical Malpractice, 2016) published a report, “To Err Is Human”, which focused on American hospitals. The statistics have drastically grown each year. According to (Medical Malpractice, 2016), all together there are 225,000 Americans who die from all forms of medical malpractice. To add on, only 2% of all medical malpractice victims seek legal action. Conclusion * Although patient abandonment is easy to come about, it is always safe to avoid abandonment at all costs. Nurses are accountable for the decisions and actions they make. A nurse should always get the patient’s permission and allow adequate time to replace health care provider before discontinuing patient care. Otherwise, a nurse could be found guilty of professional misconduct (GBNE, 2008). Communication of the health care team is adequate in ensuring positive outcomes and also prevents patient abandonment issues from arising. Health care providers should give patient care as needed and should not leave them in a critical stage, especially without suitable arrangements. After all, the well-being and safety of the
“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
Nurses are central to patient care and patient safety in hospitals. Their ability to speak up and be heard greatly impacts their own work satisfaction and patient outcomes. Open communication should have been encouraged within the healthcare team caring for Tyrell. Open communication cultures lead to better patient care, improved outcomes, and better staff satisfaction (Okuyama, 2014). Promoting autonomy for all members of the healthcare team, including the patient and his parents, may have caused the outcome to have been completely different. A focus on what is best for the patient rather than on risks clinicians may face when speaking up about potential patient harm is needed to achieve safe care in everyday clinical practice (Okuyama,
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.
“A nurse may subject herself to a malpractice action if she accepts a work assignment that she is not competent to perform. On the other hand, refusing to perform an assignment may be considered patient abandonment, which may also bring a malpractice action or government investigation. Abandonment may also be found when a nurse does not observe a patient frequently enough, fails to find adequate coverage when the nurse ceases to treat the patient or fails to bring in a qualified professional when required by the patient's condition. The liability of the nurse often becomes the liability of the health care facility because nurses often act as agents for the facility” (Nursing Law Manual
When the practices in the healthcare delivery system or organization threaten the welfare of the patient, nurses should express their concern to the responsible manager or administrator, or if indicated, to an appropriate higher authority within the institution or agency or to an appropriate external authority” (3.5 protection of patient health and safety by acting on questionable practice, ANA, 2015). The example of the practice is a patient discharge from the rehab facility to the Personal care unit with pending PT/INR results, which turned out to be critical. The admitting nurse demonstrated moral courage by questioning physician who wrote discharge orders and the nurse who completed discharge. Rehab physician refused to address lab results and referred the patient to the PCP. Admitting nurse raised a concern to administration to review discharge protocol and deviation from safe practice. Nurse acted on behalf of the patient and requested readmission to rehab based on patient’s unstable medical
...iation. (2009). ANA Position Statement: Patient Safety: Rights of Registered Nurses When Considering a Patient Assignment. Washington, DC: Author.
Q.3 Nurses as part of regulated health care practitioners are responsible and accountable to abide by the standards, codes and guidelines of nursing practice (NMBA, 2016). The nurse in the case study has breached the standard 1.4 of the Registered Nurse Standards for Practice. According to standard 1.4, the registered nurse should comply with "legislation, regulation, policies, guidelines and other standards or requirements relevant to the context of practice” when making decisions because this will be the foundation of the nurse in delivering high quality services (NMBA, 2016). The nurse in the scenario did not follow the hospital policy concerning “Between the Flags” or “red zone” and a doctor should be notified of this condition. Furthermore, the nurse failed to effectively respond to a deteriorating patient.
According to the American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the health, safety and rights of the patient” (p. 6). Nursing responsibilities should be acted upon at the highest standard and must be based on legal and ethical obligations. Healthcare provider’s perception and judgment of the patient’s well being, as well as taking into account the rights of the patient in every action, is one of the key elements in nursing practice. International Council of Nurses (ICN) (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3).
The main issue here is that professionals are morally being held accountable for it but not legally; situations like this can cause uprising issues because it can affect decisions on what is best for the patient at the time. The best solution for this problem would be for the professionals to educate their patients all all possible health procedures and to let them know that if they cannot take care of it someone else in the field will. Also, educating patients on what the medical procedures would entail would also be beneficial for example at they might be going though, recovery time, or even how
What is Abandonment? According to the ASBN abandonment is broken down into two categories patient abandonment and job abandonment. Patient abandonment is the nurse taking the assignment and establishing a nurse-patient relationship then severing that nurse-patient relationship without giving reasonable notice to the appropriate person (supervisor, employer) so that arrangements can be made for continuation of nursing care by others. The employer may have another meaning of abandonment, staying over shifts when there is no relief, making the nurse work on scheduled off days. These situations are not governed by ASBN and are not punishable. The employer can fire you for these offenses though.
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
In conclusion, there are numerous legal and ethical issues apparent in the nursing practice. Nurses should study and be as informed as they can with ethics and legality within their field in order to ensure no mistakes occur. Ethical issues vary based on patient’s views, religion, and environment. Nurses are influenced by these same views, but most of the time they are not the same as the patients. As a nurse we must learn to put the care of our patients and their beliefs, rights, and wishes before our own personal
Giordano, K. (2010). Examining nursing malpractice: a defense attorney's perspective. (Legal Counsel). Critical Care Nurse 23.2 104(4). Nursing Resource Center. Gale. 12 Mar. 2014. Retrieved from http://go.galegroup.com/
Patient abandonment in nursing is an issue that effects the public. The Mississippi Board of Nursing explains “A nurse-patient relationship begins when the nurse accepts the assignment for patient care. Patient abandonment occurs when the nurse leaves the nursing assignment without transferring patient care and communicating specific patient information to an appropriate caregiver. Examples of patient abandonment include, but are not limited to: Leaving without reporting to the oncoming shift, accepting an assignment of patient care and then leaving the nursing unit or patient care setting without notifying the qualified person”( Mississippi Board of Nursing, 2003, P 1). As a nurse, I personally experienced a nurse clocking out at seven, but she didn’t give me a report on the patient. I called the nurse and simply asked her for
Because nurses are caring physicians orders without any question (Paynton, 2009). The ultimate power and authority of physicians limited the nurses’ contribution to decision making related to patient’s health (Coombs & Ersser, 2004; Paynton, 2009). I believe that nurses should be treated equally with other health care professionals in order to maintain a high quality of care. Nurses spend most of their time working with patients and continuously monitoring the patient physically, emotionally and spiritually. Nursing have a holistic approach in care giving which I believe is essential for health