Liability Issues Primarily, Caring Memorial Hospital will be held liable in this malpractice case under the premise of respondeat superior. “Under respondeat superior an employer is liable for the negligent act or omission of any employee acting within the course and scope of his employment” (Thornton, 2010, para. 2). The risk manager Susan Post, JD and the quality assurance director Amy Green were both aware of the potential for increased risk on the Oncology unit. They had been making observations several months prior to incident that related to deficiencies in staffing and safety standards. Per, ASCO and ONS (2012) new staff are required to demonstrate competency and receive comprehensive chemotherapy education. Jeffery Chambers, RN was …show more content…
They each are liable for nursing negligence in a civil court. Because they breached the standards of care by failing to render the degree of care, skill, and judgment exercised by a prudent nurse under the same circumstances (Westrick, 2014). Jeffery Chambers, RN had an established duty to care for Yolanda Pinnelas and breached the standard of care as he was the primary nurse assigned to the patient. Diana Smith, RN mentioned to Jeffery Chambers, RN that Yolanda Pinnelas IV infusion was beeping. However, he did not take the time to check the nature of the problem. Jeffery Chambers, RN worked a double shift the day before and was only able to get 6 hours of rest prior to returning to work which could have resulted in his fatigue. Also, Jeffery Chambers, RN unit was short staffed and he was managing several very sick patients. Per, The Institute of Medicine nurses that work greater than 12 hours in direct patient care, have an increased risk of patient errors (IOM, 2004). Carol Price LPN, by her own admission heard the infusion pump beeping several times and did not go in to check on the patient. Although she was not the primary nurse assigned to the patient, she was a nurse on the unit and therefore, had an established duty to care for Yolanda Pinnelas. She breached the standard of care by not …show more content…
In this scenario, that person would be Diana Smith, RN as she was the person to discover the incident. The report should include that the nursing supervisor and the physician was notified and whether any new orders were given. Also, the report would state that the patient’s assessment revealed that the IV was dislodged from the patient’s vein. Also, she should document whether or not there was pain, swelling, redness or induration at IV site. She would include a description of the type of care that she provided to the hand. The incident report should be forwarded to the risk manager for
On April 3, 2015, Tammy Cleveland sued Gregory C. Perry, a doctor at Buffalo General and Kaleida Health the company that owns both hospitals involved in the death of her husband, Michael Cleveland. Tammy is accusing them of “negligent” care resulting in her husband’s death. The law suit claims that the “defendants’ alleged actions and/or inactions were morally culpable, actuated by evil and reprehensible motives, malicious, reckless, gross, wanton and/or in reckless disregard for her husband’s rights and her family’s rights.” (Dudzik, 2015) The defendants are contesting the case. Michael Cleveland had a heart attack on October 10, 2014, and was transported to the emergency room of DeGraff Memorial Hospital.
Name That Liability The name of the responsibility is negligence due to falls of patients in intensive care unit. The liability may occur due to the medical staff that forget to put the brakes on the beds, put in a low position, the call light within reach and personnel items easily reach to every patient. These falls can bring a lot of injuries to patients and fractures (loss of continuity of bone tissue. It ranges from a small crack to total bone fracture displacement of the two ends of the bone fracture), trauma to the skull and face (injuries to the skull and face are especially important, since the intensity of the shock can affect the central nervous system (CNS), located within the cranial cavity), trauma to the extremities (as a result
It in fact just caused more problems. It is thought that nurse who made a mistake could actually be more careful in the future than one who
The patient is a 52 year old female who presented to the ED via EMS with bizarre behaviors. Per documentation neighbors found the patient screaming in her house. Per documentation LEO found the patient attempting to drink a closed bottle of alcohol hand sanitizer fluid. Patient presents with disorganized thoughts and irrelevant subject matter when asked questions about behavior upon arrival. Nursing staff was asked about status before the assessment and reports improvements in the patient bizarre behavior.
Three Things to Keep in Mind About a Wrongful Death Claim Against a Hospital If a loved one has recently died at a hospital, you may be considering suing the hospital because you suspect that a doctor, nurse or someone else on the hospital staff played a part in your loved one 's death. Although you should not be discouraged from exploring the possibility of a lawsuit, there a certain aspects of wrongful death case relating to a hospital that make it different from other circumstances of wrongful deaths. The following are three important things to understand. Mistakes made by hospital staff are not necessarily negligent
The nurse failed to assign the appropriate task and person to the case. The LPN floated from an obstetric unit to the surgical unit. The nurse should have first determined if the LPN had any surgical or medical background along with assessing the understanding of wound care before allowing the LPN to care for the patient. Also, the RN failed to assign to communicate to the LPN that the patient may need wound care. Prior to assigning the LPN, the nurse could have assessed the LPN’s knowledge and history of wound care.
In many cases of negligence bad practice takes in place that are intentional for someone’s financial gain, but in other cases it could be the lack of communication. Many patients face misdiagnosis and treatment from their nurses or doctors and it leads into an unintentional commission. 34- year- old Kim Tutt was healthy and doctors informed her that she had three to six months to live due to jaw cancer. Tutt went ahead with the surgery to get the cancer removed from the left side of her chin to behind her right ear and replaced it with the fibula from her leg. She has children of the ages 10 and 12 years old and wanted to spend as much time that she could in their lives.
There were specific situations that led to the cause of Julie Thao's actions of medication error and the death of Jasmine. The situation could have completely been avoided had Julie followed the code of ethics and avoided shorts to provide proper care for the patient. The state claimed that Thao's mistake was caused by actions, omissions and unapproved shortcuts, however, there were other factors that played a role in her carelessness as well. While failure to comply with procedure has been a factor in the medication administration error, other factors contributed as well. For example, failure to properly use the information system, or to ignore alerts or warnings have also resulted in preventable errors (Nelson, Evan, & Gardener, 2005).
The staff nurse followed all protocols defined by the hospital. When Monroe arrived at the hospital there was no apparent emergency. Moreover, the nurse went above and beyond to provide for her, she gave Monroe information where to get OB services and even offered an ambulance
After 30 minutes, the RN asked the CNA if she took the patient’s blood pressure. The CNA said no, because the RN did not tell her that she need the blood pressure now, so she can give the 9 am medicine. The five rights of delegation that are the right task, the right circumstances, the right person, the right direction/communication and the right supervision should be used by registered nurse to achieve an optimum care
Review with nurse Gilbert why valium and morphine are contraindicated in shock and her duty to identify this and speak up 5. Review with nurse Gilbert her duty to speak up regarding a need for a transfer of patient to Dr. Dick 1. Complete a root cause analysis identifying breakdowns in processes that directly resulted in the negligent acts by nursing, if any. Implement action plans to correct any process issues identified. Complete any additional individual nurse follow up identified, as needed, outside of short-term action
They should pay attention to what incidents might be happened and make a corresponding response plan in
Consensus Summary of Yolanda Pinnelas Case Study The purpose of this paper is to discuss a case study involving a 21-year-old patient, Yolanda Pinnelas, who was studying to be a musical conductor, and who was being treated with chemotherapy. The toxic medication allegedly caused severe deformity of the patient’s hand when it seeped out of the intravenous (IV) catheter and into the surrounding tissues with minimal intervention by the hospital staff noted. This malpractice case will be reviewed thoroughly by each one of the group members and a discussion of the issues relating to duty, documentation, liability, damages and more will be discussed in detail within this paper.
Based on this case the cost driver is to properly distribute the direct cost among the different divisions. Dr. Julian would like to control her departments costs by having them distributed fairly among the divisions without affecting the hospital’s reimbursement/revenue. Carroll University Hospital is currently using the standard costing unit, which is based on the cost of bed/day for inpatients. Currently the present cost accounting system that is being used at CUH takes the total direct cost of the departments, then allocates the indirect costs and distributes it among the departments evenly regardless of the actual resources being used in those departments, and without considering that there may be some patients in these divisions that may require more resources than others, this method does not seem to recognize the different activities,
High degree of negligence is necessary to prove the charge of criminal negligence u/s 304-A IPC. For fixing criminal liability on a doctor or surgeon, the standard of negligence required to be proved should be as high as can be described as “gross negligence”. It is not merely a lack of necessary care, attention and skill. Negligence to amount a criminal offence, the court held, element of mensrea must be shown to