documented that she silenced the alarm and assessed the patient, then it did not happen. In her defense statement, she may be able to claim she was also overwhelmed due to the effects of understaffing. The best way to prove this is to examine her documentation and patient assignment at the time of the incident. Understaffing of facilities often increases the occurrence of negligence claims. Being that the unit was already understaffed, this
LEGAL MALPRACTICE CASE 4 added stress required her to be present with her patients to avoid a negligence case of her own. The biggest issue with Diana is there is no way to account for this without providing vigorous charting. She would have needed to document in real time that she notified Jefferey of the IV pump alarm in the patient’s chart. Documentation in the electronic health record will most certainly be useful for defense purposes in a malpractice lawsuit (Lugtu, 2015). Betty, the supervisor, played no role in the direct harm the patient. She should have documented the brand and serial number of the specific pump that was used in this case to be used as evidence . Doing this would have shifted a portion of the liability away from staff members and towards the malfunction of the machine. It would be in the best interest for the hospital to avoid the use of the current IV pumps and find an alternative until this case is resolved. It is a legal and ethical liability to obtain consent prior to performing or providing care to an individual. Dr. William Brady may not have to assume liability in the case of Yolanda Pinnelas if the patient signed an informed consent form releasing his liability. The informed consent should reflect the procedure being performed, why it is being performed, along with the risks and the benefits of it. Due to the extensive nature of the procedure, verbal and implied consent are unacceptable to excuse the physician form liability. Skin grafting poses a reasonable chance of an adverse event, so the physician has a duty to discuss the risks most
LEGAL MALPRACTICE CASE 5 relevant to the procedure with the patient (Kakar, Gambhir, Singh, Kaur, & Nanda, 2014). Risk manager, Susan Post, and quality assurance director, Amy Green, may be sued for negligence as well. They were aware of the hospital’s short-staffing and nurses working double shifts at least three- months prior to this issue. According to the scenario, they were in the process of collecting data and working with a clinical nurse specialist. The plaintiff’s lawyers will want proof of this data collection in court. During this three-month span, they should have also been collaborating with nurse management to address the possibility of temporarily changing patient ratios or floating properly trained support staff. Risk reports should be on file from any prior incidents related to staffing issues. In addition, interventions may also be on file supporting their claims for finding solutions to the staffing and schedules of nurses such as Jefferey.
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- Fall '17