...Negligence Paper Maria Gutierrez HCS/478 August 5, 2015 Carol Mack Negligence Paper The health provider or a nurse has the responsibility to provide the best care possible for the patients. In this paper, I will discuss about neglect and the different between negligence, gross negligence and malpractice. I will also cover my opinion about the situation, agreement or disagreement deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as a guide for nursing. Negligence is not being diligent. It is one of the legal issues that all healthcare provider are prone to participate unintentionally. Guido (2010 stated, “Negligence denotes conduct lacking in due care. Negligence include doing something that the reasonable and prudent person would not do” (p. 92). Negligence can occur anytime and in any areas of the healthcare environment. However, negligence most likely happens with old people in health care setting, for example, nursing home, hospitals and boarding care facilities. Some of the common negligence examples include failure to provide adequate nutrition, medication error, physical injury, and failure to turn patient that lead to a poor skin integrity. Gross negligence is more serious than negligence. The difference between the two of them is the degree of carelessness or inattention. Negligence is when a person fails with the standard of care not intentionally and gross negligence is a complete reckless conduct...
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...Negligence Paper Unfortunately, it is not uncommon for mistakes to happen in the hospital setting. When policies and procedures are not followed, the opportunity for mistakes increases. The Neighborhood newspaper wrote an article regarding a 62-year old man who had the wrong leg amputated. This incident occurred at the same time that the hospital was enduring union issues and staffing problems. This paper will discuss the differences between negligence, gross negligence, and malpractice. It will also discuss why hospital staffing shortages play a role in negligence such as in the amputation mishap. In addition, the importance of documentation and its correlation to potential negligence will be discussed. Lastly, ethical principles that would guide my practice in this situation will be discussed. Negligence, gross negligence, and malpractice Negligence “equates with carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances” (Guido, 2010, p. 92). An example of negligence is when a nurse places a nasal cannula on a patient who needs supplemental oxygen and does not check if the oxygen is flowing. This results in the patient not receiving oxygen and coding. Gross negligence is an extreme departure from the standard of practice. In respect to registered nurses, it is “the repeated failure to provide the required nursing care or failure to provide care or exercise precaution in a single situation which the nurse...
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...Nursing Name: Liz Ortiz Health Rights & Resp Nursing In the field of health care, the word malpractice originally encapsulated the negligent mistakes or wrongs that a physician did. In the past, a distinct division subsisted between a physician and a nurse. The nurse operated within a well-defined framework that mainly entailed implementing orders from the physician. The roles of diagnosing patients, treating their different symptoms, and prescribing medication to them were solely roles of the physician. Thus, it was virtually unprecedented for a physician's orders to be criticized by a nurse since nurses (Peterson & Zimmerman, 2006). However, times have changed, and the roles of a nurse have substantially changed. Presently, nurses commonly assume some physician's roles such as patient's examination of patients, diagnosis, and their subsequent treatment without any arranged supervision of a physician. Nursing has evidently matured into an increasingly specialized, advanced, sophisticated, and independent profession hence expanding the roles of a nurse. Resultantly, the liability for fundamental nursing negligence has moved to its professional counterpart, which is malpractice liability. Nevertheless, obstetrical nursing is the field of nursing that is highly taxing since it involves the most delicate tasks of assisting doctors to handle pregnant women and delivering them of their babies (Peterson & Zimmerman, 2006). A situation in which a nurse can be...
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...Nursing Negligence When one visits the doctor, the intended purpose is to regain health. Unfortunately, it’s not always like that. Cases of medical malpractice occur every day. Health is fragile, there are numerous of simple mistakes that can have a lifelong impact which can destroy innocent lives. The term malpractice in the healthcare field originally consisted only of negligence words from a physician. In the past, there was a distinct division between a nurse and a physician. Nurses use to work with a defined framework. Instead of treating symptoms or diagnosing patients, nurses would simply wait for a physicians order then implement it. As time passed, the role of a nurse has changed. Some nurses in hospitals and clinics have assumed responsibilities of a physician such as the actual examination and treatment of a patient. Nurses take on these roles often without any supervision of a physician which causes more and more nurses to be named as defendants in malpractice lawsuits (Nursing Negligence, 2006, October 17, p.1). When nurses exceed their scope of practice, they violate their nursing license (Fremgen, 2002, p. 137). Many individuals immediately associate medical negligence with a physician but, nurse negligence is far more common than people think. Nurses are often responsible for filling out information on a patients chart, administering a patient’s medicine, taking vital signs and recording them accurately. Clearly, there are many duties that a nurse must...
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...Negligence Latasha Adegboruwa University of Phoenix Health Law and ethics HCS/478 Lynda White April 18, 2011 Negligence “Registered nurses have more professional accountability than at any other time in the history of nursing. As a result, nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed to civil claims for negligence than ever before”(Weld and Bibb, 2009, p 2). “Negligence is described as failure to use such care as a reasonable prudent and careful person would use under similar circumstances” (Weld and Bibb, 2009, p3). Common examples of negligence are malnutrition, inadequate hydration, physical injury was done, and it was the result of the nurse’s care or lack thereof. There are five main elements in a nursing negligence case and all five elements have to be proven for a case to be valid 1. The nurse had a duty to perform. 2. The appropriate care was not apparent in the situation. 3. There was a breach of violation of care 3. There was injury proven to result from the nurse’s negligence and 5. There is proof that damages occurred as a direct result of the situation. (Avery, 2009). Gross negligence is a more serious form of negligence and goes further than carelessness. While regular negligence is seen as a person falling below the standard of care, gross negligence is seen as complete failure to show care and in fact implies recklessness or a willful disregard for the safety...
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...Singapore Nursing Board Standards for Nursing Practice defines that Nurses/midwives have the professional responsibility and accountability to uphold Standard of care and to contribute to their dissemination, interpretation and development despite medical advances, social and demographic changes and an increasingly complex healthcare delivery system that challenge the ability of nurses to provide safe quality of care. Should nurses fail to uphold certain standards and by doing so cause harm or injury to the client, they would be held liable in the tort of negligence. Description of a practical situation which raised ethical issues: Mr Lim 70 years old has been hospitalised for medical treatment with the diagnosis of chronic heart failure. He was ordered intravenous therapy by Dr Peter the medical resident. Nurse Su questions the order because it is for an infusion of Dextrose 50%. Dr Peter tells her that he checked it with Dr Lee, the medical officer. Nurse Su checks it with Nurse May before administration. Later, Mr Lim has a cardiac arrest and suffers extensive brain damage as a result of the infusion. The hospital inquiry is held and it determined that the correct infusion would be Dextrose 5%. Mr Lim’s family members are very upset and seek legal advice. All names mentioned in the above scenario are pseudonym. Identification of the ethical issues within the situation: Negligence Negligence is the breech of an obligation or duty to act with care, or failure...
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...Negligence Paper University of Phoenix Health Law & Ethics Negligence Paper Being a medical professional has many challenges when dealing with direct patient care. Sometimes in the best of circumstances, incidents occur with patients that cause undue harm. This paper will differentiate between negligence, gross negligence, and malpractice. It will also discuss the article “Amputation Mishap; Negligence” from the Neighborhood newspaper. It will discuss the importance of documentation and the ethical principles that would guide my practice as a nurse. Negligence can be defined as the failure to use reasonable care that a reasonably prudent person would exercise in like circumstances. (West, 1998). Negligence occurs when a medical health professional fails to perform his or her duties with the patient in question. If a nurse fails to give medications as ordered, and as a result the patient's condition worsens or he dies, the nurse may be found negligent. If a nurse has inadequate nursing skills or fails to pay attention to tasks, it may result in a suit of negligence against a nurse who fails to provide approved standards of care. A good nurse knows their duties and has good communication between the patient and the physician. The nurse knows board regulations and practices within legal guidelines. Gross negligence can be defined as a conscious and voluntary disregard of the need to use reasonable care which is likely to cause foreseeable grave injury or...
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...Ethical and Legal Issues in Nursing Nursing as a profession, holds itself to a standard of practice and a code of ethics that governs this discipline. It was well put by Nicholson (2012), “Nonprofessionals cannot be held to the standards of the medical professions, but persons who have been specially trained, educated and licensed are accountable for performance that deviates from the customs of their field.” To function effectively, nurses need to be aware of their contents and incorporate them as a guide for their professional decisions. “A wise nurse who is aware of deep personal values and moral standards will make decisions regarding practice setting so that the nurse’s own personal integrity remains intact, while putting patients and their needs first” (Chitty & Black, 2010, p. 101). A person’s value system is initiated by the beliefs held by his or her family, and as growing occurs the person is exposed to other cultures, belief systems, peers, and societal norms, that may be incorporated into his or her value system. A nurse is expected to make ethical decisions. Having the ability to make ethical and responsible reasoning, involves rational thinking. It is also systematic and based on ethical principles and civil law. Ethical decision making can’t be based on emotions, intuition, fixed policy, or an earlier occurrence. (Blias & Harris, 2011, p. 61). A nurse is not exempt from developing values, and belief systems that shape how they may view their patient...
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...Negligence Paper Edna Delgado University of Phoenix HCS/478 Djuanique Slaughter March 7, 2013 Medical mistakes have different circumstances in each case. However, our court system applies a one size fits all methodology for such errors. Health care providers are at high risk for potential negligence, gross negligence, and malpractice claims that may be filed against them. In fact, as health care reform transitions into preventative medicine, registered nurses have added professional accountability to patient care than any other time in nursing history. Services provided by nurses can be criticized as deficient if accurate documentation lacks supportive description of the care rendered. This paper defines negligence, gross negligence, malpractice, and the importance of documentation. Also, it presents the article from the Neighborhood Newspaper, “Amputation Mishap; Negligence” and the ethical principles that would guide this author’s practice using such scenario. According to Guido (2010), negligence is defined as conduct that falls below the Standards of Care established by law to protect the well-being of others (p. 92). Negligence is the contrary of diligence. An act is believed to be made negligently when it is done without due diligence. It may also be described as an action that is performed in a manner that a prudent person would not carry out. For example, in nursing the crash cart requires daily assessment of stocked supplies and expiration...
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...Negligence Paper HCS/478 2/23/15 Mary Burke PhD, RN, CNE Negligence Paper Envision that you woke up in the recovery room after being sedated for a medical procedure; you found out that you lost one of your limbs due to amputation. You are in and out of consciousness. They took you to a step-down unit eventually after you were in recovery for two hours, so that you will recover, receive therapy and teaching. Finally the staff settles you into your bed. You throw back your bed sheets, and you saw that they had amputated the sound limb and left you with the unfortunate leg that was supposed to be cut off by the hospital physician. “The joint commission considers wrong site surgery to be sentinel events that are an unexpected occurrence involving death or serious physical or physiological injury, or the risk from that point forward. Serious injury specifically includes loss of limb or function” (Dillon, 2008) Mr. Joseph Benson is a sixty-two-year-old who has circulation problems and is diabetic; one of his limbs requires amputation. I will explain in this negligence paper the differences that separate negligence, gross negligence, and malpractice. I will look into the reasoning why nursing shortages and union problems may have caused the disaster. Finally, I will state why it is important to document because of the chances of negligence should I be Mr. Benson’s nurse. Briefly I will describe my ethical principles concept, this will guide my hospital practice and I...
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...An Ethical Analysis of Negligence In this paper, the author will describe the main differences among negligence, gross negligence, and malpractice in the medical field. In addition, the author will explain his opinion about this article and the facts described in it as well as the rationale used to form this opinion. Furthermore, the author will describe the importance of documentation in the medical field as well as how nurses should document when providing care while complying with legal and ethical requirements. Unintentional torts are the most common torts in the medical field. Torts are acts occurred without the tortfeasor intention to cause harm; however, some type of harm results from it. Torts are also actions committed unreasonably or disregarding the consequences, in legal terms this represents negligence (Judson & Harrison, 2010). According to Judson and Harrison (2010), negligence is an unintentional tort and a person is negligent when in similar circumstances he or she did not performed as expected from a reasonable person (Judson & Harrison, 2010). Defining gross negligence is a more complicated issue. According to Thornton (2006) the Texas Civil Practice and Remedies Code defines gross negligence as an act of omission that when viewed from the position of the actor at the time the omission occurred it shows a significant degree of risk and possible harm to others (Thornton, 2006). In addition, the actor is aware of the risks but proceeds disregarding the rights...
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...Negligence In today’s busy health care industry nurses and doctors are pushed to the limit. We are asked to make life and death decisions in mere seconds. Society is also more aware of what they should expect from health care providers. This awareness demands health care providers not only provide excellent care, but also document the care they provide to ensure they are not subject to accusations of negligence, or gross negligence that can lead to malpractice suits. This paper will differentiate between negligence, gross negligence, and malpractice. In order to further examine these issues an article titled “Amputation mishap, negligence cited” from The Neighborhood News in which “Earlier this week, 62-year-old Joseph Benson underwent an amputation of his leg just below the left knee and only suffered one complication- the wrong leg was amputated” (Lowell, n.d.) will be discussed. This will include the determination of whether or not this example is a case for negligence, gross negligence, or malpractice. This discussion will also include the importance of documentation and its correlation to potential negligence, the ethical principles I would use to guide my practice in this situation, and how I would document to satisfy ethical and legal requirements. Most people do not understand the distinction between negligence, gross negligence, and malpractice. According to Guido (2010), a plaintiff must prove that there was a duty to the patient, that a breach of the duty owed to...
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...Professional Liability John Doe Devry University Health Rights & Responsibilities Professor: 11/24/2013 There may be a perception that doctors are held responsible for the majority of medical malpractice lawsuits, the reality is that nurses are frequently finding themselves defending the care they provide to patients. “Negligence, which is often an unintentional action, occurs when a person either performs or fails to perform an action that a reasonable professional person would or would not have performed in a similar situation.” (Freemen, 134). Since I work in a hospital and I work closely with nurses on daily bases, I decided to discuss ways nurses can be held liable for negligence. Nursing malpractice occurs when a nurse fails to competently perform her/his medical duties and that failure harms the patient. There are a slew of ways that a nurse can harm a patient—from failing to notify a doctor when something is really wrong with the patient to administering the wrong drug. Like malpractice involving physicians, nursing malpractice happens when a nurse does not fulfill duties in a way that a competent peer in another location would do in the same situation, and that negligence injures the patient. In malpractice cases, often the key issue is who is liable for the nurse’s illegal action- the physician or the facility she work at, if that a nursing home, hospital, or clinic. Whoever is liable will be responsible for compensating the patient for the nurse’s fault...
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...Method of Bell vs. Greenbrier Nursing and Rehabilitation Center Shaquita Spruill Business Law (LAW/531) Michael Meeusen September 2, 2013 IRAC Method of Bell vs. Greenbrier Nursing and Rehabilitation Center Case: Martha Bull, 76, who died at the Greenbrier Nursing and Rehabilitation Center April 7, 2008 after staff failed to act on a doctor's orders to get her transferred to a hospital emergency room for treatment of severe abdominal pain. Issue: Has negligence been demonstrated? Rule: Negligence requires that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damage. Analysis: Greenbrier Nursing and Rehabilitation Center owed a duty of care to Bell which was to get her to a hospital. Greenbrier Nursing and Rehabilitation Center breeched their duty of care by not following through with the doctors’ orders. The breech of this duty caused injury to Bell which was death. Greenbrier Nursing Center is the proximate cause of negligence which means the negligent party is not necessarily liable for all damages set in motion by his or her negligent. Conclusion: According to "Arkansas Times" (2013), the jury found the nursing home guilty of negligence, medical malpractice and violation of resident's rights, but it did not specifically find that the nursing home caused Bull's death. New legislation from the 2013 legislation, sponsored by Sen. Jonathan Dismang, will make it impossible to sue a nursing home except for medical reasons...
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...Nursing Law Duty of care: This can be defined as duty that healthcare professionals owe their client in order to avoid unreasonable risk of harm to patients receiving nursing care under them. Duty of care is expected where a person is responsible for the care of others. A nurse has a legal duty to be careful when nursing a patient If a health care professional is careless in his or her nursing practice, this is known as breach of duty of care and such professional can be held liable for such act or omission. Negligence: Negligence can be defined as an actionable harm caused to other people under one’s care. As an example, if a nurse was negligent in administering an incorrect dose of a medication; which might result in a patient sustaining injury. This means that the nurse responsible fell below standard of care expected of them. Consent: Is a legal obligation that is required from all persons who are in the care and treatment of a patient, before initiating any procedure or treatment. As a broad principle, obtaining the consent of a person prior to undertaking a procedure or treatment is respectful and therefore, should be attended to as a matter of course by all health professionals. For example, a patient has a legally enforceable right not to be touched by health care worker without a valid consent. Hence, for consent to be valid, it must: * Be informed, * Cover the actual procedure, * Be voluntarily given by the client, and * Be obtained by a patient...
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