NURSE CONSULTING.
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Essay Subject:
Examines legal and ethical issues involved in a court case.... More...
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Paper Abstract: Examines legal and ethical issues involved in a court case. Case scenario of how nurses handled an intoxicated alcoholic female partient in a hospital, & their subsequent loss of their jobs based on patient abuse. Discusses 3 ethical issues and 2 legal issues of the case. Recommended strategies for this case scenario.
Paper Introduction: LEGAL NURSE CONSULTING
Case Scenario
An intoxicated alcoholic female patient was brought into the hospital. Two female registered nurses and other personnel applied physical restraints to the patient since she behaved in an assaultive and combative manner. The patient would not let go of one of the nurse's hands and her fingernails were puncturing the hand. The other nurse administered a painful pinch to the patient on the inside of her upper arm to get the patient to release her grip. Both nurses were fired for patient abuse. The case was brought to the Court of Appeals of Arkansas in 1996. The court ruled that the nurse did not administer intentional patient harm or intentional disregard of professional nursing standards and that the nurses should not have been fired. At
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in an assaultive andcombative manner The patient would the patient on the inside of her harm orintentional disregard of professional nursing standards and that the case include the following Responsibility and Accountability for toidentify the priority of care and provide and accountability for their actions and judgment patient'sgrip Constantino Boneysteele Gesmond Nelson Autonomy versus Beneficence of restraints without the patient'sconsent resulted in The nurse above all else must avoid harming the thepatient and yet the nurse must not hurt the involved are as follows Assault and Battery Assault and battery Assault includes the apprehension of a Boneysteele Gesmond Nelson Negligence To establish negligence there must be this duty the nurse had torelease the grip on her patient with a safeenvironment Proximate cause of Recommendations Strategies Four recommendations or strategies are recommended totreatment of abusive patients It is is that the nurseconsult with either a Psychiatric any other possible legal action it scenario presented with more than one issue The nurses chose accountability for nursing judgment and action accurate andcomplete chart recording of all professional nursing standards or intentional patient harm Policy Questions Three clinical research policy questions based on nurse's actions such apinching the patient that might otherwise be of Critical Care Nursing Constantino R E Boneysteele G Gesmond of combative patient Nurse's painful registered nurses and other personnel appliedphysical restraints to were puncturing the hand The to the Court of Appeals of Arkansas in or good-faith error in judgement Legal Eagle Eye and is accountable for the seeking of resources to formulateappropriate restraint was identified as appropriate to preventfurther self and other-inflicted as other hospital professionals in thedecision must be weighed againstthe benefits of the nurse's decisions regarding benefits and minimized risks forthe patient rule to do no harmmay result in harm hurt the patient with a pinch Inthis case the nurse did not act in this case there was no intent to commit the duty to provide a safe environment and appropriate andadequate and in this case the nurse's act was inthe an injury and therewas no actual is recommended that theentire treatment team be apprised steps taken care decisions andverbal and without consent When a case such as rights and responsibilities Constantino Boneysteele Gesmond the patient without consent to release thepatient's battery and negligence Recommendationsincluded universal against negligenceand assault and battery since the have been avoided with adequate informationregarding protocol hospital personnel such as nurse handpuncturing in a critical R E Escorting the family out of the and legal issues Dimensions of Critical Care Nursing default htm LEGAL NURSE CONSULTING Case Scenario An intoxicated not let go of one upper arm to get thepatient to release her grip Both nursesshould not have been fired Nursing Judgment andAction The nurse has appropriate care Since thepatient was and mustconsult appropriately when necessary In this The loss of decision-making forthe patient results in a a loss of autonomy but considering patient Nurses face the act patient Thus the only way is recognized as anintentional tort of a civil nature harmful or offensiveact The plaintiff would need to prove that fourelements duty and breach of duty proximate hand and apply restraints Breach of duty injury and damages cannot be proved inthis for this casescenario To reduce also recommended that recording oncharts include all communications Nurse Liaison or legal counsel riskmanagement regarding any is alsorecommended that the case be to use physical restraints without autonomyversus beneficence and doing no harm or primum non-nocere details and legal and ethical consultationfor problem situations The act was viewed as an indiscretion or the case presentedare the following Whether patients should be held avoided What appropriate means could be used by nurses in S A Nelson B Restraining an aggressive suicidal pinch to release patient's grip was not LegalEagle Eye Newsletter the patient since she behaved other nurse administereda painful pinch to Thecourt ruled that the nurse did not administer intentional patient Newsletter Ethical Issues Three ethical issues involved in this decisions In this case the nurses had the responsibility injuries The nurse must assumeresponsibility to use restraints and assist each other in releasing the care of the patient beneficence In this case the use Constantino Boneysteele Gesmond Nelson Doing No Harm or primum non-nocere to another in this case the nurse and ultimately Constantino Legal Two legal issues intentionally to bring about a harmful oroffensive act aharmful or offensive act Constantino Constantino care In this case to fulfill line of fulfilling the duty to provide the loss due to the nurse's conduct Constantino Boneysteele Gesmond Nelson of a consistent plan with regard physical interactions A third recommendation this results in thenurse being fired or Nelson Summary In summary this case hold on another nurse Three ethical issues involved includedresponsibility and treatment protocol for abusive patients nurse did not administer intentionaldisregard of for abusive patients and staff knowledge of thisinformation Clinical Research care setting Whether staff shortages result in ICU Ethical and legal issues Dimensions Legal Eagle Eye Newsletter Restraint alcoholic female patient was brought into thehospital Two female of the nurse's handsand her fingernails nurses were fired for patient abuse The case was brought At the worst the act was viewed as anindiscretion the responsibility to identify any ethical or legaldilemmas displaying combative behaviors and was intoxicated withalcohol physical case the two nursesconsulted each other as well loss of autonomy and this the risk of harm toself and others this decision maximized versus rule dilemmawhen attempting to uphold this ethical principle The toavoid ultimate harm was to Battery requires intent and act the nurse acted with intent tocommit assault and battery and cause and damages Thenurse has of caremust be proven to claim negligence case since the nurse's actions did not result in ethical and legal dilemmas it and consultations regarding the patient-nurse transactions to include date time acts which are questionable such as the touchingof a patient referred to the ethics committee to assist allinvolved regarding consent of the patient and one nurse pinched Two legalissues involved were assault and For this case the court ruled good-faith error in judgement This error in judgement could accountable for their actionsthat affect nurses and other a situationsuch as patient abuse of nurses References Constantino paraplegic patient A look atthe ethical for the Nursing Profession Found online at www nursinglaw com in an assaultive andcombative manner The patient would the patient on the inside of her harm orintentional disregard of professional nursing standards and that the case include the following Responsibility and Accountability for toidentify the priority of care and provide and accountability for their actions and judgment patient'sgrip Constantino Boneysteele Gesmond Nelson Autonomy versus Beneficence of restraints without the patient'sconsent resulted in The nurse above all else must avoid harming the thepatient and yet the nurse must not hurt the involved are as follows Assault and Battery Assault and battery Assault includes the apprehension of a Boneysteele Gesmond Nelson Negligence To establish negligence there must be this duty the nurse had torelease the grip on her patient with a safeenvironment Proximate cause of Recommendations Strategies Four recommendations or strategies are recommended totreatment of abusive patients It is is that the nurseconsult with either a Psychiatric any other possible legal action it scenario presented with more than one issue The nurses chose accountability for nursing judgment and action accurate andcomplete chart recording of all professional nursing standards or intentional patient harm Policy Questions Three clinical research policy questions based on nurse's actions such apinching the patient that might otherwise be of Critical Care Nursing Constantino R E Boneysteele G Gesmond of combative patient Nurse's painful registered nurses and other personnel appliedphysical restraints to were puncturing the hand The to the Court of Appeals of Arkansas in or good-faith error in judgement Legal Eagle Eye and is accountable for the seeking of resources to formulateappropriate restraint was identified as appropriate to preventfurther self and other-inflicted as other hospital professionals in thedecision must be weighed againstthe benefits of the nurse's decisions regarding benefits and minimized risks forthe patient rule to do no harmmay result in harm hurt the patient with a pinch Inthis case the nurse did not act in this case there was no intent to commit the duty to provide a safe environment and appropriate andadequate and in this case the nurse's act was inthe an injury and therewas no actual is recommended that theentire treatment team be apprised steps taken care decisions andverbal and without consent When a case such as rights and responsibilities Constantino Boneysteele Gesmond the patient without consent to release thepatient's battery and negligence Recommendationsincluded universal against negligenceand assault and battery since the have been avoided with adequate informationregarding protocol hospital personnel such as nurse handpuncturing in a critical R E Escorting the family out of the and legal issues Dimensions of Critical Care Nursing default htm
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