Case Study Of It's Your Gavel: Chance Of Survival Diminished
Jennifer Aguirre-Post
January 22, 2014
Health Care Ethics & Law
Robert Smiles
It’s Your Gavel…..Chance of Survival Diminished
In the case of its Your Gavel, Chance of Survival Diminished, is about Mrs. Ard’s views of what she went through the night of May 20th, in regards to her husband, Mr. Ard’s care. The story states Mrs. Ard account of the night, and the documentation that supports her story as well. Mr. Ard did not survive from the experience at the hospital, and Mrs. Ard believes the hospital is at fault. According to the Standard of care provided by the nurse standards, the care Mr. Ard was given was below standard (2012).
Mrs. Ard’s Case In the case of its Your Gavel, Chance of Survival Diminished, …show more content…
Mr. Ard had symptoms of nausea, pain, and was experiencing shortness of breath. Mrs. Ard rang for the nurse with the call bell repeatedly, after a while (time not documented of time laps) Mr. Ard was checked on and administered medication for his pain. As time passed Mr. Ard’s nausea worsened. Mrs. Ard noticed that her husband had difficulty breathing and believed that he was dying. Mrs. Ard proceeded to ring the call button for an hour and 25 minutes. It took 1.25 hours before anyone responded to Mrs. Ard’s call. Mr. Ard did not survive and a code was called (2012). According to the text Legal Aspects of Care Administrations, the case goes on to explain that no documentation in Mr. Ard’s medical records show that anyone came to check on Mr. Ard from 5:30 to 6:45. That lack of documentation collaborates with Mrs. Ard’s testimony of what happened with her husband. A wrongful death was filed against the hospital. The district court granted judgment for Mrs. Ard, the hospital appealed the case (2012). Pozgar’s text goes on to explain that an expert nurse was brought in to assess the situation. Ms. Krebs stated that Mr. Ard was a high risk for aspirations, which was stated in the doctor’s notes for the nurses. This problem was never stated in the nurses care plan or nurses notes (2012). On the day of the incident, May 20, Ms. Florshein, was the nurse assigned to Mr. Ard’s care. She did not make any notes stating that a full assessment of the patient was done after he vomited. Florshenin stated she checked on Mr. Ard around 6 pm, bur no documentation was recorded. The care for Mr. Ard was stated to be below the expected standard care (Pozgar, 2012).
Wrong
In Mr. Ard’s care, there were steps skipped and other issues that contributed to his passing. The nurse failed to read and study the patients file. If the records were properly reviewed and the nurse notes from the doctor were read, the nurse would have been aware of Mr. Ard’s condition. There could be other issues that were behind the nurse’s lack of attention, being spread thin or over stressed. However, the lack of attention received by Mr. Ard had a negative effect on his life. After Mr. Ard vomited, the nurse failed to do a full assessment on the patient and did not check him breathing way. The nurse did not record any findings or failed to document visiting the patient before his death, as she stated. It took too long to respond to Mrs. Ard’s call button for help. A big issue is lack of documentation and the care being below standard care. According to Karen Hill who wrote, Standards for Nurse Staffing in Critical Care, stated that the Critical Care Networks National Nurse Leads have worked together to make a Standards for Nurse Critical care documents. This is to help to deliver safe and effective care in the working environment to the standard care needed to produce accurate care (2010). This is for nurses to go back and review as well as hospitals to help understand what the standard of care is and to always try to achieve if not exceed the care needed by the patient.
Legal Issues The legal issues is the lack of care meeting below standard care. The nurse failed to read the notes set by the doctor and failed to write up an assessment on the patient after he vomited. Though the nurse said she checked on the patient, there was no documentation to support her care. There is a shortage of nurses, and it is hard to tell if the nurse was spread thin, tired, or stressed. There was enough evidence to support the witnesses, Mrs. Ard’s, description of the night of the 20th of May. This documentation is enough to hold the hospital liable for medical negligence.
Prevention
In the case of Mr. Ard, there are several parts of the situation that could have been done differently. For starters the nurse should have reviewed Mr. Ard’s records to become familiar with his situation and to make sure a nurse care plan is made to fit the needs of Mr. Ard. The nurse should have spoken to Mr. and Mrs. Ard to see if there are any questions or concerns that they may have in regards to how he is feeling or his care. Mr. Ard should have been checked on, on a regular basis. After Mr. Ard vomited, he should have been assessed. The nurse should have checked his air way, and documented every step of care that was provided to Mr. Ard, along with when she came in to check on him. Documentation is a big way to make sure that everything is being done in the care of Mr. Ard. It is also important to have the patients review as much documentation as possible that is written down, and if possible signed. If a nurse is preoccupied and unable to reach their patient, they should let other nurses know, and to be aware of Mr. Ard’s condition. The care that nurses feel that they are to produce standard of care is said to reflect that of what the nurse managers are teaching and relaying to the other nurses (Brennan, 2011).
The Verdict I agree with the verdict in t’s Your Gavel…Chance of Survival Diminished.
The care for MR. Ard was below standard of care. Mrs. Ard’s testimony of what happened the night of the 20th collaborates with the nurses logs of when Mr. Ard was checked on. The nurses brought in to speak as expert witness both agree that the care was below standard of care and steps were skipped in assessing Mr. Ard’s care. The nurse was contributory negligent. “A person who is negligent when that person does not exercise reasonable care for his or her safety, thus contributing to any injury sufferer” (Pozgar, 2012, pg. 125). The nurse was aware of Mr. Ard’s issues in the doctor’s notes, she was also made aware through constant calling from the wife of Mr. Ard, and not responding in a timely manner. According to Pozgar, the nurse did not have to be directly aware of the issues that may happen, but aware that something might happen and to keep an eye on the patient in case it did (2012). The Judgment by the court was granted towards Mrs. Ard in wrongful death, and I agree.
Conclusion
The negligence produced by the nurse in the care of Mr. Ard was below standard of care, which resulted in the loss of a life. There’s no evidence of what stresses the nurse might have been going through with the shortages of nurses and extra duties that may have been a part of nurses jobs currently. The lack of care Mr. Ard was given without proper protocol could have been prevented if proper steps were taken with his care, and proper attention was
provided.
References:
Brennan, M. (2011). Nurse managers must accept their accountability for care standards. Nursing
Standard, 26(5), 32.
Hill, K. (2010). Standards for Nurse Staffing in Critical Care. Nursing In Critical Care, 15(1),
43. doi:10.1111/j.1478-5153.2009.00380_6.x
Pozgar, G. (2012). Legal aspects of health care administration (11th ed.) Sudbury,
Massachusetts: Jones and Bartlett Learning.
January 22, 2014
Health Care Ethics & Law
Robert Smiles
It’s Your Gavel…..Chance of Survival Diminished
In the case of its Your Gavel, Chance of Survival Diminished, is about Mrs. Ard’s views of what she went through the night of May 20th, in regards to her husband, Mr. Ard’s care. The story states Mrs. Ard account of the night, and the documentation that supports her story as well. Mr. Ard did not survive from the experience at the hospital, and Mrs. Ard believes the hospital is at fault. According to the Standard of care provided by the nurse standards, the care Mr. Ard was given was below standard (2012).
Mrs. Ard’s Case In the case of its Your Gavel, Chance of Survival Diminished, …show more content…
Mr. Ard had symptoms of nausea, pain, and was experiencing shortness of breath. Mrs. Ard rang for the nurse with the call bell repeatedly, after a while (time not documented of time laps) Mr. Ard was checked on and administered medication for his pain. As time passed Mr. Ard’s nausea worsened. Mrs. Ard noticed that her husband had difficulty breathing and believed that he was dying. Mrs. Ard proceeded to ring the call button for an hour and 25 minutes. It took 1.25 hours before anyone responded to Mrs. Ard’s call. Mr. Ard did not survive and a code was called (2012). According to the text Legal Aspects of Care Administrations, the case goes on to explain that no documentation in Mr. Ard’s medical records show that anyone came to check on Mr. Ard from 5:30 to 6:45. That lack of documentation collaborates with Mrs. Ard’s testimony of what happened with her husband. A wrongful death was filed against the hospital. The district court granted judgment for Mrs. Ard, the hospital appealed the case (2012). Pozgar’s text goes on to explain that an expert nurse was brought in to assess the situation. Ms. Krebs stated that Mr. Ard was a high risk for aspirations, which was stated in the doctor’s notes for the nurses. This problem was never stated in the nurses care plan or nurses notes (2012). On the day of the incident, May 20, Ms. Florshein, was the nurse assigned to Mr. Ard’s care. She did not make any notes stating that a full assessment of the patient was done after he vomited. Florshenin stated she checked on Mr. Ard around 6 pm, bur no documentation was recorded. The care for Mr. Ard was stated to be below the expected standard care (Pozgar, 2012).
Wrong
In Mr. Ard’s care, there were steps skipped and other issues that contributed to his passing. The nurse failed to read and study the patients file. If the records were properly reviewed and the nurse notes from the doctor were read, the nurse would have been aware of Mr. Ard’s condition. There could be other issues that were behind the nurse’s lack of attention, being spread thin or over stressed. However, the lack of attention received by Mr. Ard had a negative effect on his life. After Mr. Ard vomited, the nurse failed to do a full assessment on the patient and did not check him breathing way. The nurse did not record any findings or failed to document visiting the patient before his death, as she stated. It took too long to respond to Mrs. Ard’s call button for help. A big issue is lack of documentation and the care being below standard care. According to Karen Hill who wrote, Standards for Nurse Staffing in Critical Care, stated that the Critical Care Networks National Nurse Leads have worked together to make a Standards for Nurse Critical care documents. This is to help to deliver safe and effective care in the working environment to the standard care needed to produce accurate care (2010). This is for nurses to go back and review as well as hospitals to help understand what the standard of care is and to always try to achieve if not exceed the care needed by the patient.
Legal Issues The legal issues is the lack of care meeting below standard care. The nurse failed to read the notes set by the doctor and failed to write up an assessment on the patient after he vomited. Though the nurse said she checked on the patient, there was no documentation to support her care. There is a shortage of nurses, and it is hard to tell if the nurse was spread thin, tired, or stressed. There was enough evidence to support the witnesses, Mrs. Ard’s, description of the night of the 20th of May. This documentation is enough to hold the hospital liable for medical negligence.
Prevention
In the case of Mr. Ard, there are several parts of the situation that could have been done differently. For starters the nurse should have reviewed Mr. Ard’s records to become familiar with his situation and to make sure a nurse care plan is made to fit the needs of Mr. Ard. The nurse should have spoken to Mr. and Mrs. Ard to see if there are any questions or concerns that they may have in regards to how he is feeling or his care. Mr. Ard should have been checked on, on a regular basis. After Mr. Ard vomited, he should have been assessed. The nurse should have checked his air way, and documented every step of care that was provided to Mr. Ard, along with when she came in to check on him. Documentation is a big way to make sure that everything is being done in the care of Mr. Ard. It is also important to have the patients review as much documentation as possible that is written down, and if possible signed. If a nurse is preoccupied and unable to reach their patient, they should let other nurses know, and to be aware of Mr. Ard’s condition. The care that nurses feel that they are to produce standard of care is said to reflect that of what the nurse managers are teaching and relaying to the other nurses (Brennan, 2011).
The Verdict I agree with the verdict in t’s Your Gavel…Chance of Survival Diminished.
The care for MR. Ard was below standard of care. Mrs. Ard’s testimony of what happened the night of the 20th collaborates with the nurses logs of when Mr. Ard was checked on. The nurses brought in to speak as expert witness both agree that the care was below standard of care and steps were skipped in assessing Mr. Ard’s care. The nurse was contributory negligent. “A person who is negligent when that person does not exercise reasonable care for his or her safety, thus contributing to any injury sufferer” (Pozgar, 2012, pg. 125). The nurse was aware of Mr. Ard’s issues in the doctor’s notes, she was also made aware through constant calling from the wife of Mr. Ard, and not responding in a timely manner. According to Pozgar, the nurse did not have to be directly aware of the issues that may happen, but aware that something might happen and to keep an eye on the patient in case it did (2012). The Judgment by the court was granted towards Mrs. Ard in wrongful death, and I agree.
Conclusion
The negligence produced by the nurse in the care of Mr. Ard was below standard of care, which resulted in the loss of a life. There’s no evidence of what stresses the nurse might have been going through with the shortages of nurses and extra duties that may have been a part of nurses jobs currently. The lack of care Mr. Ard was given without proper protocol could have been prevented if proper steps were taken with his care, and proper attention was
provided.
References:
Brennan, M. (2011). Nurse managers must accept their accountability for care standards. Nursing
Standard, 26(5), 32.
Hill, K. (2010). Standards for Nurse Staffing in Critical Care. Nursing In Critical Care, 15(1),
43. doi:10.1111/j.1478-5153.2009.00380_6.x
Pozgar, G. (2012). Legal aspects of health care administration (11th ed.) Sudbury,
Massachusetts: Jones and Bartlett Learning.