Legal Cases Involving Nurses

Legal Cases Involving Nurses

1. Introduction

             Nursing is a profession faced with many ethical and legal issues. It is indubitable that,  healthcare providers must integrate adequate skills, attitudes, and knowledge to make sound decisions and judgment. In general, nurses should perform clinical tasks with competence to enhance quality care. It is crucial for nurses to understand and observe the laws that govern their professional. This knowledge helps them to abide to the ethical and legal principles needed to promote quality care.  Despite the professional having strict standards to govern healthcare providers, many cases have emerged in relation to not providing quality care. In this pamphlet, we will discuss two recent cases found in the Nurses Service Organization (NSO). Further, we will include a discussion of the outcomes of the case, ethical principles, nursing implications, and actions to prevent similar future occurrences discussed.

1. Overview of Case 1

This is a legal case of a nurse who failed to monitor and access the patient post operation. In brief, the plaintiff/decedent was a 67- years old male who underwent an operation. The decedent underwent a knee replacement. The defendant nurse understood her duties and responsibilities at the time of the patient’s admission. Specifically, the defendant nurse understood that she was responsible of administering quality care. The plaintiff was discharged in surgical nursing unit after being treated successfully. After sometime, the patient was assigned to the licensed practical nurse (LPN) for further medication. After arriving to the unit, the patient could not tolerate the ordered respiratory therapy due to vomiting and nausea. After ten minutes of vomiting, the nurses found the patient unresponsive and later transferred him to ICU. After a short while, the patient was found dead. The diagnosis was not conducted in a timely manner and thus, increased the complication. Also, the prognosis was not well-handled accurately and little support was provided. The episode of vomiting and nausea was a clear indication that the treatment was not conducted accurately.

• Ethical principles, nursing implication, and preventive measures

After a thorough investigation, law experts affirmed that the defendant nurse had infringed quality care. Ethically, the nurses failed to conduct her duties accurately and in a timely manner. Nurses should not non-maleficence patients. For instance, in this case the nurse failed to access the plaintiff’s condition soon after being admitted in the nursing unit. Other accusations include failure to supervise and monitor the LPN’s care to the patient, failure to compile to the physician operative care orders and time, failure to report the patient’s condition prior to the therapy, and failure to commence CPR after the patient became unresponsive. Given the seriousness of the case, an immediate action was required. The case was settled with $250, 000 and an additional cost of $14,139 to pay legal expenses. Nurses should work hard to promote patients’ well-being. Every staff member should clearly document patients’ record for quality care to prevent similar future occurrences. It is also crucial for nurses to monitor medical-surgical care and report and abnormality. Physicians should complete their procedures in a timely manner.

1. Overview Case 2

The second case involved a nurse who failed to timely diagnose brain tumor. In brief, the infant patient who was the plaintiff was born without any complication prior to being examined by the nurse. While in the hospital, the plaintiff was diagnosed with mild jaundice. After 6 months, the defendant’s nurse examined the patient for the first time and documented that the infant was developing normally. As a result, the patient’s mother was confident that her baby was getting better.  The nurse did not emphasize when the patient should come back to the hospital despite the mother complaining that her baby appeared cross-eyed. (NSO and CAN, 2013).

Often, the patient’s mother missed her appointment in the hospital for the check up. The office personnel reminded the patient’s mother to schedule a day that the hospital would check her baby. At some point, the defendant’s nurse reassured the mother that sometime infants may have such conditions. The nurse scheduled an appointment with the patient’s mother, but the patient’s mother did not attend.  After 6 weeks, the defendant nurse examined the infant and identified some developmental delays. The infant could not crawl or sit, and documented the crossing eye condition. As a result, the nurse referred the patient to the pediatric clinic for eye check up. Despite the infant having serious illnesses that would have been detected earlier, the infant’s mother indicated that the nurse had not planned for an appointment with the mother. At the age of 7 years, the patient was found to be mildly retarded and medical consultants affirmed that the patient would require long-term or lifelong assistance. It was unlikely that the patient would be independent in future.

1. Ethical principles, nursing implication, and preventive measures

Experts criticized the defendant nurse for his failure to timely treat brain tumor. The nurse was also criticized for not facilitating timely consultation that would detect the early signs of the illness. Medical experts affirmed that the nurse would have facilitated a neurological medical evaluation to prevent severe cases in future.  Given the report that the patient’s would require lifelong assistance, there was a need for a course of action. Although the mother had reported that her baby was showing some deformities, the nurse did not take any action to prevent the illness. Instead, she assumed that the baby was growing well. The primary insurer conducted the investigation and later, the case was settled.

Ethically, nurses should conduct accurate medical tests in a timely manner. They should ensure that patients receive adequate care and support to improve their well-being. To prevent similar future occurrences, nurses should conduct appropriate diagnostic consultation and tests to detect abnormal or unusual illnesses. Nurses should facilitate referrals in cases when the patient’s condition is not improving after the first medication. It is crucial for nurses to conduct thorough medication to detect diseases or illness in the early stages of life.

1. Conclusion

Based on the discussed cases, nurses should take adequate precaution when diagnosing patients. Healthcare providers should abide to the ethical principles and guidelines that facilitate quality procedures. The overall goal of healthcare providers should be to promote patients’ well-being. Nations should increase access to health care and implement laws that promote quality care. Also, those who bleach the law should be punished in form of fines or imprisonment. As a result, this would eliminate similar future occurrences. Lastly, nurses should have adequate skills to conduct medical procedures.

 

 

References

NSO and CAN. (2013). Case Study: Failure to timely diagnose brain tumor; Failure to obtain physician consultation; failure to facilitate timely referral to neurologists. Retrieved from https://www.nso.com/pdfs/db/NP_SLCSx-10117-0113_February2013.pdf?fileName=NP_SLCSx-10117-0113_February2013.pdf&folder=pdfs/db&isLiveStr=Y

NSO and CNA. (2013). Case study: Failure to adequately access and monitor the patient post operatively resulting in the patient’s death. Retrieved from https://www.nso.com/pdfs/db/Nurse_SLCS_X-8540-0112_final_web.pdf?fileName=Nurse_SLCS_X-8540-0112_final_web.pdf&folder=pdfs/db&isLiveStr=Y

 

 

 

 

 

 

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