Legal case study analysis
Introduction
Different legal and ethical issues bound nurses in many countries. One of the most critical aspects of the nursing profession is the duty of care (Tonia, 2004). Nurses and other caregivers make crucial decisions when offering healthcare. These actions result in legal actions being taken against them by the patients they serve or their colleagues. Nurses and other providers of healthcare facilities should have the right legal and ethical information that applies to their professions.
Case study 1
In the first case, the legal issues are a breach of duty (Tonia, 2004). The nurses who were offering healthcare to the child’s mother failed to do what they were supposed to do. They failed to inform the Proffitt’s ob-gyn about the child’s heart rate change. The failures from the nurses cost the child brain damage. Non-criminal negligence in healthcare attracts compensation for the victims under the law of Tort (Levine, 2017). The nurses demonstrated negligence and breached by failing to disclose health information of the baby to the mother. The failure to inform Proffitt’s ob-gyn and the blockage of oxygen supply to the child’s brain lead to the baby developing brain damage. There was a time rag to make decisions on using alternative methods of delivery. The victim was compensated by being awarded $32.8 million, which was to cater for the child’s best care and provide an opportunity for the child to start the recovery journey.
The infraction in this case study was a civil violation. The lawsuit, in this case, was seeking to resolve the dispute that existed between the nurses and the child’s mother. The nurses could have avoided the infraction by informing Proffitt’s ob-gyn, who could have carried out the operation on the mother. They could have acted fast to have a surgery done on the mother for safe delivery. (Tonia, 2003).
Case study 2
In the second case study, the legal issue demonstrated by the nurse is damages. (Tonia, 2004) In healthcare practice, damages are common. The legal aspects of damage inhibit the plaintiff from recovering from the damage caused to them if the mistake that happened did not result from the conduct of the nurse (Sipes & Hardy, 2019). In the Julie Thao case study, the mistake in the wrong medication did not originate from the nurse. Julie had worked for many hours, which could have resulted in an error due to fatigue. The infraction in this case study was a civil infliction (Tonia, 2004). In the case of Julie, the error was determined to have been unintentional and could not result in a criminal act. The intention of the nurse was not to kill but to give medical care. Errors that occur from an overload of nurses cannot be criminalized. (Tonia, 2004) Julie could have avoided the error by following the eight rights of medical administration (Tonia, 2004). She did not screen the medicine, which could have enabled her to detect early enough and take emergency efforts to save the life of her patient.
Conclusion
When executing their healthcare services, nurses are entangled in many legal issues. The legal requirements are critical in ensuring a reduction in errors in medication. In some institutions, the nurses have a huge workload that predisposes them to errors. Legal issues that arise from the nursing practice are solved through court processes. Where nurses are found to have violated the legal procedures are subjected to different punishments such as temporary suspension of their operating licenses. Many patients also receive compensation to cater for the damages caused to them.
References
Michael P. Rellahan (2014). Jury gives $32.M to girl in Chesco medical malpractice case,
Levine, M. L. (2017). The elderly: legal and ethical issues in healthcare policy. Routledge.
Cherry, B., & Jacob, S. R. (2016). Contemporary nursing: Issues, trends, & management. Elsevier Health Sciences.
Sipes, C., & Hardy, L. R. (2019). Ethical, Legal, and Regulatory Issues. Fast Facts in Health Informatics for Nurses, 137.
Tonia, D. (2004). Legal, ethical, and political issues in nursing. The journal for Healthcare Quality (JHQ), 26(3), 56-57.