506-U7-AGP Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter (Essay Sample)
506-u7-aGp Critique ethical-legal concepts, principles, and dilemmas related to the provision of health care.Instructions:This is the malpractice cases. Case Study 2: Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter, Deceased. Construct a 3 pages paper about the legal constructs involved in Case Study 2.Directions:Write 3 pages APA formatted paper (title page and references list do not count). Support the paper with peer reviewed articles and case law where applicable. You must have 4-5 references within 5 years, (no Wikipedia or MDweb). You may have an appendix that has samples of documents that support your positions or expands on the facts of the case.The paper should discuss the following issues:• Risk management issues before and after the incident• Documentation and mandatory reporting
Case Study 2: Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter, DeceasedPeople Involved in Case:Mrs. Wilma Carpenter — patient, deceasedMr. Howard Carpenter — husband and plaintiff in wrongful death suitMrs. Scale, RN, MS — nursing supervisorElizabeth Adelman, RN — recovery room nurseRichard Washington, MD — orthopedic surgeonJudy Gouda, RN, NPJoseph Alsoff, LPN — post-surgical unit nurseKelly Wheeler, RN — post-surgical unit nurseDavid Casler, LRTSusan Post, JD — risk managerAmy Green — quality assuranceMichael Parks, RN, MS, CNS — education coordinatorCaring Memorial HospitalFacts:The plaintiff, Mrs. Carpenter, was a 55-year-old woman who underwent a total hip replacement at Caring Memorial Hospital. The physician was Richard Washington, MD. Dr. Washington is an orthopedic surgeon. His nurse practitioner is Judy Gouda, RN, NP. Dr. Washington reviewed the consent with Mrs. Carpenter prior to surgery. Joseph Alsoff, LPN, witnessed the consent and Mr. Carpenter was present. Joseph does not remember the doctor ever mentioning that death could be a result of the surgery. The recovery room nurse is Elizabeth Adelman, RN. The respiratory therapist is David Casler, LRT. The nurse on the post-surgical unit was Kelly Wheeler, RN. The supervising nurse was Mrs. Scale, RN, MS.The patient had an epidural catheter for a post-operative pain management following an episode of hypotension in the recovery room which was treated with Ephedrine. Judy Gouda made rounds on the patient in the recovery room after the hypotensive event and vital signs were stable. The patient, Mrs. Carpenter, was placed on a medical surgical nursing unit with the epidural. The nurse, Kelly, was assigned to the patient and had not worked on that unit before, but had worked in post-acute critical care units. The nurse's assignment was to provide patient care on the entire floor for that shift. There was also an LPN, Joseph, on the unit. It was a busy day on the unit. Mrs. Carpenter was not the only post-operative patient.
Case Study 2: Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter, Deceased
Medical malpractice occurs when a medical professional fails to perform his duty as expected, causing harm to patients. Nursing malpractice can happen in several situations as presented in the case study 2. Several legal issues are presented, for instance, the final diagnosis proves that the patient extubated, breathed independently for some time before expiring and time elapsed after the vomiting episode is being disputed.
The case study also states that the registered nurse failed to chart the vital signs. The registered nurse was not informed about the patients' hypotensive episode, and the risk manager noted that the charting within the recovery room was reported to the units. Legal action against any medical practitioner for malpractice requires the plaintiff to prove that the medical practitioner had a duty to the patient as stipulated by the law (Griffith & Tengnah, 2017).
Medical practitioners are guided by various laws, for instance, the standards of care under the California civil jury instruction No. 501 states that a medical practitioner is negligent when he fails to exercise the levels of skill, knowledge, and care in either diagnosing or treating patients (Choi & Cramer, 2016).
Risk management issues before and after the incident
Nurses play a crucial role in health care management; one of their professional commitment is to advocate for patients, this makes the nursing role crucial in risk management. The standards of care require nurses to check patients chart for further assessment and medication(Griffith & Tengnah, 2017).Legally, nurses have the independent legal duty to patients, they are required to make accurate, and a comprehensive assessment and also investigate patients status before taking appropriate actions(Griffith & Tengnah, 2017).
Nurses can be held liable if the physician's order does do not match the assessment and failing to take any action to take the appropriate action. According to the case study, Mrs. Carpenter received care at the post-acute critical care unit; she could not tolerate the respiratory therapy ordered by the physician. She nauseated and vomited.
The nurse had the duty to conduct a thorough assessment, investigate and assess the patient status which she did. The fact that the respiratory therapy resulted in vomiting that later made the patient unresponsive to the treatment brings to question how often the patient was monitored (Zaccagnini & White, 2015). At times, negligence occurs when nurses take up unfamiliar position; to avoid malpractice nurses have the legal duty to refuse an assignment (Zaccagnini & White, 2015).
According to the NPA scope of practice, if an assignment includes undertaking tasks outside one's scope of practice, anyone has the legal duty to reject the assignment. Accepting an unreasonable assignment makes nurses' risk being responsible. Even though nurses are expected to float to similar types of units, what matters is having proper training and support (Battles, Reback & Azam, 2016).
According to the Unlicensed Assistive Personnel Act, the health facility should ensure that there is proper delegation. The nurse in charge can be held reasonable for improper delegation, especially when the nurse given the tasks is not competent, or there is no proper supervision (Battles, Reback &
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