Preview

Negligence Paper

Better Essays
Open Document
Open Document
1099 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Negligence Paper
Negligence Paper
Wrong site surgery has become a frequent incident in health care facilities across the nation. “Research in the US has suggested that wrong site surgery happens every 5-10 years, or one in 112,994 cases” (Edwards, 2008, p. 168). Recent studies have shown that despite the focus by governing bodies over wrong site surgery in the past few years, wrong site surgery continues to happen at an alarming rate of 40 times per week in the United States alone (“Wrong-site surgery still happens 40x/week”, 2011). Throughout this paper The Neighborhood newspaper article, “Amputation Mishap; Negligence”, will be discussed. There will be a differentiation between negligence, gross negligence, and malpractice. I will make a decision regarding whether the incident referenced in the newspaper article was negligent or not. I will also describe the importance of documentation related to the incident and its correlation to potential negligence. An explanation of what ethical principles would guide my practice as a nurse in this situation and how I would document the case to satisfy ethical and legal requirements will also be discussed.
The Neighborhood newspaper article, “Amputation Mishap; Negligence”, describes an incident where a 62-year-old man had the wrong leg amputated in surgery. The man suffers from diabetes, which has led to poor circulation in his leg, requiring surgery. The man woke up after surgery to find that the wrong leg was amputated. The newspaper article also states that the hospital has been suffering from a nursing shortage and union problems.
Negligence occurs when “one may have performed or failed to perform an act that a reasonable person would or would not have done in similar circumstances” (Harrison & Judson, 2010, p. 69). While negligence is seen as a decrease in the expected standard of care, “gross negligence is seen as a complete failure to show care that in fact implies recklessness or a willful disregard for safety and

You May Also Find These Documents Helpful

  • Good Essays

    Tina Imbalt Case Summary

    • 1385 Words
    • 6 Pages

    3 year old Tina Gerhardt was admitted to the abulatroy surgery unit at Nightingale Community Hospital by her mother for bilateral myringotomies (insertion of ear tubes). After Tina was registered, she was handed off to the pre-op nurse and she explained that the surgery was going to take 45 minutes and recovery would take an hour. Tina mom gave the per-op nurse instructions to called her if Tina was done with surgery and recovery before she came back. The per-op nurse took the…

    • 1385 Words
    • 6 Pages
    Good Essays
  • Satisfactory Essays

    Pa201 Unit 3 Assignment

    • 1241 Words
    • 5 Pages

    Negligence is defined as “the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation; any conduct that falls below the legal standard established to protect others against unreasonable risk of harm.” Black’s Law Dictionary 1133 (9th ed. 2009) …

    • 1241 Words
    • 5 Pages
    Satisfactory Essays
  • Good Essays

    Under the Doctrine of Corporate Negligence the hospital owes certain “duties” directly to the patient, which cannot be delegated to the medical staff. Under the Doctrine of Corporate Negligence Misericordia Community Hospital, owes a duty to its patients to refrain from any act which will cause foreseeable harm to others even though the nature of that harm and identity of the harmed person or harmed interest are unknown at the time of the act (westlaw citation). The Pennsylvania Supreme Court in Thompson v. Nason Hospital classified the hospital’s duties into four categories. 1) a duty to use reasonable care in the maintenance of safe and adequate facilities and equipment; 2) a duty to select and retain only competent physicians; 3) a duty to oversee all persons who practice medicine within its walls as to patient care; and 4) a duty to formulate, adopt and enforce adequate rules and policies to ensure quality care for the patients. The hospital also failed to adhere to its own bylaw provisions and to the Wisconsin statues related to medical…

    • 875 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    In the Darling v. Charleston Community Memorial Hospital, Dr. Alexander’s way of treating the patient is a great example of medical malpractice. Although the failure to follow the adequate standard of care might have been unintentional, it resulted in a very significant and permanent damage to the patient. When a patient chooses to go to a hospital to seek medical attention, he or she expects the facility to treat him with excessive care. In this case, the jury found negligence by both Dr. Alexander as well as in the nursing staff in regards to the follow ups as the medical record supported the evidence. I strongly believe that both the physician as well as the hospital (unless the physician was an independent contractor) are both responsible…

    • 143 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Huntsville Hospital strives for perfection as well, unfortunately “never events” have occurred within the walls of the hospital. The National Quality Forum literally defines a “never event” as a preventable adverse event occurring in a health care setting that should never happen; like, wrong site surgery, patient falls, and medication errors as examples (Gitlow et al., 2013) A patient admitted to the hospital to receive right wrist surgery woke up with surgery to the left wrist. The event was researched, evaluated, reported, and resulted in changes within the institution. A malpractice case filed against the surgeon and the hospital existed and was settled. The adoption of the mandates of JCAHO allowed for implementation within Huntsville hospital to prevent wrong site surgery consists of many valuable steps such as; asking the patient what surgery and where, marking the surgical site with a permanent marker or using the alternative site marking form to identify, limb alert bands, and also the time-out, allowing anyone involved in the patient care to stop the procedure to ensure accuracy. The responsibility to improve quality patient care is assigned to each individual employee that works for a facility and will proceed in continuing to develop even higher quality, on top of the existing quality, CQI (Hashmi…

    • 1016 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    CASE STUDY ANALYSIS

    • 559 Words
    • 5 Pages

    CASE STUDY RISK MANAGMENT Tracy is the risk manager at ABC Medical Center, a 300-bed urban teaching facility. One morning, she receives a call from Jerry, the medical director of surgery, asking her to come immediately to one of the operating rooms where a patient had been scheduled for an amputation of the right foot. As Tracy approaches the OR, she reviews the preoperative care required for all patients having surgery. The identification of the patient, the verification of the involved limb, and the time out procedure are all in place.…

    • 559 Words
    • 5 Pages
    Powerful Essays
  • Satisfactory Essays

    Negligence on the other hand happens when harm or damage occur without intention, an example is someone who disobeys traffic laws and they result in an accident. While they were breaking the law, they did not intentionally mean for the accident to occur.…

    • 672 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Selye, H. (1936). A syndrome produced by diverse nocuous agents, Nature, Vol.138, No. 4, Jul. 1936, 32-33.…

    • 8094 Words
    • 33 Pages
    Powerful Essays
  • Good Essays

    Nurse Negligence: Surgery Accidents. (n.d.). Surgical Accidents & Mistakes | Medical Malpractice Lawyers. Retrieved November 20, 2010, from http://resource4surgicalaccidents.com/nursenegligence.html…

    • 1083 Words
    • 4 Pages
    Good Essays
  • Good Essays

    carelessness or was it another person’s disregard for procedures that led to this event. The nurse from…

    • 758 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Medical errors do happen and pose a huge problem in the healthcare industry. Errors in healthcare can happen because of a number of reasons. The most common is lack of communication. Communication is imperative in healthcare. Failure to communicate can lead to problems in identifying patients, which can lead to other more serious errors such as incorrect procedures. Another form of error comes from faulty equipment. Hospitals have had problems with defective equipment, and because of this injury and death have occurred. Error in the healthcare system is also a potential risk for mistakes. High workload, rapid organizational change, inadequate supervision, and a faulty chain of command are all characteristics of most major healthcare delivery…

    • 322 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Negligence Paper

    • 1174 Words
    • 5 Pages

    Imagine waking up in the recovery room from being sedated for a procedure in which one of your limbs has been amputated. While in recovery you are in and out of consciousness. Finally after being in recovery for 2 hours you are taken to a step down unit to recover and receive teaching and therapy. After getting settled into bed you gets the guts to throw back you sheets and take a look where there was once a left leg. To your horror your left leg is there and your right leg is not! “The Joint Commission considers wrong site surgery to be a sentinel events which is defined as "an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function” (Dillon. 2008.).”…

    • 1174 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Negligence Paper

    • 1502 Words
    • 7 Pages

    "Nursing’s role in providing patient care has expanded in response to increasing patient acuity, technology, evidence-based practice, managed care, and the advancement of the profession. Because of this professional evolution, nurses are in a position of higher accountability" (McConnell & Vaughn, 2010, p. 1). Negligence can be considered as "carelessness, a deviation from the standard of care that a reasonable person would use in a particular set of circumstances. Negligence may also include doing something that the reasonable and prudent person would not do."(Guido, 2010, p. 92). There are some common examples like never turning on an apena monitor, malnutrition, or physical injury as a result of poor nursing care or lack of care at all. ). The Neighborhood Hospital, was deemed to be negligent as a result of amputating the wrong limb from a patient. This article will determine if this is malpractice vs. negligence, and whether the details regarding the case present as negligence or if it can become a malpractice case.…

    • 1502 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Torts Breakdown of Elements

    • 3166 Words
    • 13 Pages

    2. Negligence is the failure of an ordinary, reasonable, and prudent person to exercise due care, resulting in harm or injury to the plaintiff. Negligence torts do not require intent. Negligence is conduct that falls below the level necessary to protect others against unreasonable risks of harm. To determine if someone should be found liable for a negligence tort, a reasonable person standard is used. If the defendant 's behavior is found to be less careful than behavior a reasonable person would exhibit, that defendant can be found liable for damages.…

    • 3166 Words
    • 13 Pages
    Good Essays
  • Best Essays

    Aged Care

    • 5001 Words
    • 21 Pages

    Torjuul, Kirsti., and Sorlie, Venke. (2006). Nursing is different than medicine: ethical difficulties in the process of care in surgical units. Journal of Advanced Medicine , 56(4) 404-413.…

    • 5001 Words
    • 21 Pages
    Best Essays