Quianzon Case Study Essay
NURSES INVOLVED IN LAWSUITS 3
Nurses Involved in Lawsuits and
Jon Jeffery Quianzon Case
The Legal system and health care system are both intertwined in many more ways than we think. Every time, we as nurses hear an advertisement for legal services like “Morgan and Morgan” the first thought that comes to our mind is that they are here to take our jobs away from us. As nurses, we are more liable for a lawsuit than the average citizen. Finkleman and Kenner (2013), describe legal issues as being a part of every nurse’s practice. They further explain that the nurse’s license itself is a legal issue that is enforced through the legal system (p.190). A form of …show more content…
tort for which every nurse is responsible for is obtaining an informed consent from a patient before performing a care and in witnessing an informed consent before the procedure. The types of torts involved when and if any of the above- mentioned consents are ignored can be classified as negligence (unintentional), and assault or battery (intentional)(Finkleman & Kenner, 2014). Today’s healthcare system is more concerned about lawsuits and ratings than about adequate and quality patient care.
Nurses spend the majority of their time at work documenting rather than implementing care. We are taught from early on in our nursing schools how important it is to document because if it is not documented then it never happened. As a citizen, no one wants to be involved with the law, but every time nurses walk into their job premises they are exposed to the law. Nurses carry immense responsibilities at work; they deal with people’s lives and privacy. Our society looks at us as protectors, healers, and as angels, but there are all kinds of personalities who make up nurses as a population. For example, Jon Jeffery Quianzon, he was a person who had very dirty and disgusting plans when working as a nurse. Mr. Quianzon had assaulted several of his patients when he worked at Washington Hospital in Fremont, California (Rosynsky, 2013). He would sexually assault his patients when they were in an
NURSES INVOLVED IN LAWSUITS 4 unconscious state (2013). By the time he was arrested he had 5 cases of sexual assault filed against him by different patients (Rosynsky, 2013).
To further explain the case of Mr Quianzon, who had his nursing license from the state of California, he violated the Business and Professional code, section 726 and 2761, subdivision (a) Unprofessional Conduct – Sexual Abuse, Misconduct, or Relations with a Patient (Bailey, 2014).Mr Quianzon violated this law by admitting to the court of law that he masturbated in the presence of an unconscious patient while he touched her buttocks with his hand (2014).
Also, while abusing the patient he proceeded to put penis in her butt crack but there was no penetration (2014). He was caught red-handed assaulting his patient by the attending physician doing his rounds (2014). The second cause for discipline that was filed against Mr Quianzon was that he violated Business and Professional code, section 2761, subdivision (f) Criminal Conviction (Board of Registered Nursing, 2013). This means that any nurse in California that violates Penal Code 243.4, subdivision (b) and has received a felony judgment and now has a felony record (Board of Registered Nursing, 2013). Any nurse that has a felony automatically has violated the Business and Professional code, section 2761 and may have their license suspended as the nursing board deems (Board of Registered Nursing, 2013). Mr Quianzon’s nursing license has been suspended, he has spent six months in prison, he is a registered sex offender, and he is on probation for 5 years (Board of Registered Nursing, …show more content…
2013).
This was not the first time Mr Quianzon was accused of sexually assaulting a female patient.
In 2009, Mr Quianzon had apparently sedated the female patient with pain medications and had sexually abused her while she was intoxicated with pain medications (Rosynsky, 2013).The Washington Township Hospital in Fremont, California is being sued by the 22-year-old patient who Mr Quianzon sexually assaulted in 2010 (Rosynsky,2013). The attorney Jason Runckel is helping his client to sue the hospital
NURSES INVOLVED IN LAWSUITS 5 for monetary damages because the hospital failed to report Mr Quianzon to authorities for the sexual assault he committed in 2009, did not take appropriate action against him and continued to let Mr Quianzon practice alone with and around female patients without any supervision (Rosynsky,
2013).
This whole situation could have been easily prevented if the Washington Hospital had taken appropriate measures the first time a complaint was made against Mr Quianzon. It is up to the institution to take proper actions like reporting the accused person to the authorities when extensive investigation supports guilty of sexual battery. There are no known policies or procedures when it comes to a male nurse taking care of female patients at the facility where I am employed; but recently one of the male nurses was accused by a female patient of sexual assault when he was trying to insert a Foley catheter in her. Immediately, after the accusation was filed the nurse taking care of the patient was put under investigation and was suspended without pay till the case was further investigated. The case was found to be a fraud allegation by the patient who had tried to accuse several male nurses of the same accusation during her prior hospital stays at various hospital. When the male nurse who was accused of the allegation returned back to work, he was being extra cautious and always had a female nurse or nursing assistant with him whenever he was alone with a female patient. The management and charge nurses also helped the situation by assigning him with male patients instead of female patients. Charge nurses were instructed to make more rounds on the patients by the management to further prevent any accusations and situations like these.
In conclusion, as I mentioned above it takes all kinds of people with different mentalities and personalities to make nursing as a whole. Not all nurses who get into this profession come together to make a difference or care for their patients. I know many nurses who are in this profession solely for financial and job security. There are nurses in this profession who have addiction to pain
NURSES INVOLVED IN LAWSUITS 6 medications, gambling, and also sex. I think it is up to the institution hiring the nurses to do a very detailed and extended background check before hiring and employing them. If nurses are hired with a previous record showing a disturbed background then, they should be given therapy regularly to check on their mental state. It is not fair to judge a person based on one incident however a regular check up on them after one incident can prevent them from repeating the same mistakes or giving into temptation. It is so easy to make a mistake when stressed, and nursing is a very stressful profession. As Salvador Dali said in his quote, ““Have no fear of perfection - you 'll never reach it” (Goodreads.com). Nurses are humans and humans are imperfect in every way.
NURSES INVOLVED IN LAWSUITS 7
References
Bailey, L. R. (2014). Board of Registered Nurses: FIRST AMENDED ACCUSATION. Retrieved from http://rn.ca.gov/public/rn699752.pdf
California.Gov. (2013). Board of Registered Nurses: Business and Professional Code. Retrieved from http://www.rn.ca.gov/regulations/bpc.shtml#2761
Finklemann, A. & Kenner, C. (2013). Professional Nursing Concepts. (2nd edition). Burlington, MA: Jones & Bartlett.
Goodreads.Com. (n.d.). Quotes about Mistakes. Retrieved from http://www.goodreads.com/quotes/tag/mistakes Rosynsky, P. T. (2013, Feb 21). Fremont 's washington hospital sued over alleged sexual assault by nurse against female patient. Oakland Tribune Retrieved from http://www.lexisnexis.com.db07.linccweb.org/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T20512123389&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T20512103864&cisb=22_T20512123391&treeMax=true&treeWidth=0&csi=313958&docNo=8
Nurses Involved in Lawsuits and
Jon Jeffery Quianzon Case
The Legal system and health care system are both intertwined in many more ways than we think. Every time, we as nurses hear an advertisement for legal services like “Morgan and Morgan” the first thought that comes to our mind is that they are here to take our jobs away from us. As nurses, we are more liable for a lawsuit than the average citizen. Finkleman and Kenner (2013), describe legal issues as being a part of every nurse’s practice. They further explain that the nurse’s license itself is a legal issue that is enforced through the legal system (p.190). A form of …show more content…
tort for which every nurse is responsible for is obtaining an informed consent from a patient before performing a care and in witnessing an informed consent before the procedure. The types of torts involved when and if any of the above- mentioned consents are ignored can be classified as negligence (unintentional), and assault or battery (intentional)(Finkleman & Kenner, 2014). Today’s healthcare system is more concerned about lawsuits and ratings than about adequate and quality patient care.
Nurses spend the majority of their time at work documenting rather than implementing care. We are taught from early on in our nursing schools how important it is to document because if it is not documented then it never happened. As a citizen, no one wants to be involved with the law, but every time nurses walk into their job premises they are exposed to the law. Nurses carry immense responsibilities at work; they deal with people’s lives and privacy. Our society looks at us as protectors, healers, and as angels, but there are all kinds of personalities who make up nurses as a population. For example, Jon Jeffery Quianzon, he was a person who had very dirty and disgusting plans when working as a nurse. Mr. Quianzon had assaulted several of his patients when he worked at Washington Hospital in Fremont, California (Rosynsky, 2013). He would sexually assault his patients when they were in an
NURSES INVOLVED IN LAWSUITS 4 unconscious state (2013). By the time he was arrested he had 5 cases of sexual assault filed against him by different patients (Rosynsky, 2013).
To further explain the case of Mr Quianzon, who had his nursing license from the state of California, he violated the Business and Professional code, section 726 and 2761, subdivision (a) Unprofessional Conduct – Sexual Abuse, Misconduct, or Relations with a Patient (Bailey, 2014).Mr Quianzon violated this law by admitting to the court of law that he masturbated in the presence of an unconscious patient while he touched her buttocks with his hand (2014).
Also, while abusing the patient he proceeded to put penis in her butt crack but there was no penetration (2014). He was caught red-handed assaulting his patient by the attending physician doing his rounds (2014). The second cause for discipline that was filed against Mr Quianzon was that he violated Business and Professional code, section 2761, subdivision (f) Criminal Conviction (Board of Registered Nursing, 2013). This means that any nurse in California that violates Penal Code 243.4, subdivision (b) and has received a felony judgment and now has a felony record (Board of Registered Nursing, 2013). Any nurse that has a felony automatically has violated the Business and Professional code, section 2761 and may have their license suspended as the nursing board deems (Board of Registered Nursing, 2013). Mr Quianzon’s nursing license has been suspended, he has spent six months in prison, he is a registered sex offender, and he is on probation for 5 years (Board of Registered Nursing, …show more content…
2013).
This was not the first time Mr Quianzon was accused of sexually assaulting a female patient.
In 2009, Mr Quianzon had apparently sedated the female patient with pain medications and had sexually abused her while she was intoxicated with pain medications (Rosynsky, 2013).The Washington Township Hospital in Fremont, California is being sued by the 22-year-old patient who Mr Quianzon sexually assaulted in 2010 (Rosynsky,2013). The attorney Jason Runckel is helping his client to sue the hospital
NURSES INVOLVED IN LAWSUITS 5 for monetary damages because the hospital failed to report Mr Quianzon to authorities for the sexual assault he committed in 2009, did not take appropriate action against him and continued to let Mr Quianzon practice alone with and around female patients without any supervision (Rosynsky,
2013).
This whole situation could have been easily prevented if the Washington Hospital had taken appropriate measures the first time a complaint was made against Mr Quianzon. It is up to the institution to take proper actions like reporting the accused person to the authorities when extensive investigation supports guilty of sexual battery. There are no known policies or procedures when it comes to a male nurse taking care of female patients at the facility where I am employed; but recently one of the male nurses was accused by a female patient of sexual assault when he was trying to insert a Foley catheter in her. Immediately, after the accusation was filed the nurse taking care of the patient was put under investigation and was suspended without pay till the case was further investigated. The case was found to be a fraud allegation by the patient who had tried to accuse several male nurses of the same accusation during her prior hospital stays at various hospital. When the male nurse who was accused of the allegation returned back to work, he was being extra cautious and always had a female nurse or nursing assistant with him whenever he was alone with a female patient. The management and charge nurses also helped the situation by assigning him with male patients instead of female patients. Charge nurses were instructed to make more rounds on the patients by the management to further prevent any accusations and situations like these.
In conclusion, as I mentioned above it takes all kinds of people with different mentalities and personalities to make nursing as a whole. Not all nurses who get into this profession come together to make a difference or care for their patients. I know many nurses who are in this profession solely for financial and job security. There are nurses in this profession who have addiction to pain
NURSES INVOLVED IN LAWSUITS 6 medications, gambling, and also sex. I think it is up to the institution hiring the nurses to do a very detailed and extended background check before hiring and employing them. If nurses are hired with a previous record showing a disturbed background then, they should be given therapy regularly to check on their mental state. It is not fair to judge a person based on one incident however a regular check up on them after one incident can prevent them from repeating the same mistakes or giving into temptation. It is so easy to make a mistake when stressed, and nursing is a very stressful profession. As Salvador Dali said in his quote, ““Have no fear of perfection - you 'll never reach it” (Goodreads.com). Nurses are humans and humans are imperfect in every way.
NURSES INVOLVED IN LAWSUITS 7
References
Bailey, L. R. (2014). Board of Registered Nurses: FIRST AMENDED ACCUSATION. Retrieved from http://rn.ca.gov/public/rn699752.pdf
California.Gov. (2013). Board of Registered Nurses: Business and Professional Code. Retrieved from http://www.rn.ca.gov/regulations/bpc.shtml#2761
Finklemann, A. & Kenner, C. (2013). Professional Nursing Concepts. (2nd edition). Burlington, MA: Jones & Bartlett.
Goodreads.Com. (n.d.). Quotes about Mistakes. Retrieved from http://www.goodreads.com/quotes/tag/mistakes Rosynsky, P. T. (2013, Feb 21). Fremont 's washington hospital sued over alleged sexual assault by nurse against female patient. Oakland Tribune Retrieved from http://www.lexisnexis.com.db07.linccweb.org/lnacui2api/results/docview/docview.do?docLinkInd=true&risb=21_T20512123389&format=GNBFI&sort=BOOLEAN&startDocNo=1&resultsUrlKey=29_T20512103864&cisb=22_T20512123391&treeMax=true&treeWidth=0&csi=313958&docNo=8