Amputation Mishap

Amputation Mishap The realm News spread overs of a health check error at The Neighborhood Hospital. The report states a 62 year-old male enduring underwent surgery to have his point amputated only to discover the reproach leg was amputated during surgery. The newspaper article states the accident is negligence. In the following paragraphs, negligence, common negligence, and malpr roundice are discussed and cook if the newspapers statement of negligence is correct. Ethical principles in nursing and nursing keep regarding such issues are also discussed. Negligence and malpractice f wholly last(predicate) under the tort laws definition. harmonise to Guido (2010), Torts are civil wrongs, non based on contracts, but on someoneal transgressions in that the responsible someone performed an action incorrectly or omitted a necessary action (p. 92). Tort laws are based on fault and in a health- wangle setting, tort laws are the most common. To de confinesine if the to a higher place scenario results in negligence, gross negligence, or medical malpractice, one must understand the definition of each. According to Guido (2010), negligence is a general term and equates with carelessness, a deviation from the standard of care that a reasonable psyche would drug abuse in a particular set of circumstances (p. 2). According to Judson and Harrison (2006), four key elements (four Ds), must be present to be negligence (p. 101) 1. employment The psyche charged has a trade to suffer care to the unhurried. Neighborhood Hospital and staff have a avocation to tin a standard of care that a reasonable person would use in a particular set of circumstances. 2. Dereliction The person charged breaches the profession of care to the patient. The operating populate team failed to put the correct leg for amputation preceding to proceeding with the operation therefore a breach of duty has occurred. 3.Direct cause The breach of duty is a extend cause of injury to th e patient. The wrong leg is amputated as a have result of failure to spot the correct leg for amputation. As a direct result, the patient ordain become a double amputee one time the correct leg is amputated. 4. Damages A recognizable injury to the patient is present. In this case, the wrong leg was amputated deeming a recognizable injury. Using the above criteria, negligence is present in this case scenario. Gross negligence occurs when medical practitioners perform an intentional act regardless of the negative, anticipated consequences.In this scenario, the patient must prove the medical staff at Neighborhood Hospital measuredly amputated the wrong leg. The medical staff at Neighborhood Hospital did not intentionally amputate the wrong leg, therefore ruling out gross negligence. According to Guido (2010), medical malpractice is the failure of a passe-partout person to act in accordance with the prevailing professional standards or failure to promise consequences that a profe ssional person, having the necessary skills and education, should foresee (p. 93). Guido further states the difference amidst negligence and malpractice is lic consider.If the act is by a non-professional person, it is negligence. If the act is by a professional person, it is malpractice. Six elements must be present to prove malpractice (Guido, 2010, p. 93) 1. Duty owed to the patient Neighborhood Hospital and staff have a duty to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Breach of the duty owed to the patient. The operating room team failed to identify the correct leg for amputation prior to proceeding with the operation therefore a breach of duty has occurred. 3. Foreseeability.The disrespect of identifying the correct leg for amputation prior to surgery. 4. Causation breach of duty owed caused injury. The wrong leg is amputated as a direct result of failure to identify the correct leg for amputation. As a direct resu lt, the patient will become a double amputee once the correct leg is amputated. 5. Injury. In this case, the wrong leg was amputated deeming a recognizable injury. 6. Damages. The amputated leg cannot be replaced therefore the patient is entitled to compensatory amends regarding pain and suffering, permanent disability, disfigurement, emotional damages as well as financial loss and medical expenses.In this scenario, all six elements to prove malpractice are present. The negligence is by licensed military group in a hospital setting. Using the definitions and criteria above, the newspaper incorrectly defines the misadventure as negligence. The correct term to use in this case is professional negligence or malpractice. Nursing rollation should be reflective of the patients hospital stay. This includes identifying and addressing patient needs, assessments, problems, limitations, and responses to nursing interventions.According to Guido (2010), Documentation must target continuity o f care, interventions that were implemented, and patient responses to the therapies implemented. Nurses notes are to be concise, clear, timely, and complete (p. 197). Guido (2010) lists the following guidelines for nurses to use to ensure archiveation is complete and true (p. 197-209) 1. Make an incoming for either observation. If living is absent, it can be assumed an observation did not wreak place. 2. Follow-up as needed. Evaluation and observations require follow up to ensure appropriate patient responses and optimal outcomes. . Read nurses notes prior to giving care. interpretation nurses notes enable the nurse to know and understand patient diagnosis, response to treatment, and travel necessary to carry out the cast of care. 4. Always make an entry (even if it is late). Document immediately after the observation to reduce the jeopardize of losing worthful information. A late entry is acceptable although risks omitting valuable information. N ever so document an event before it happens. 5. Use clear and objective language. Document utilise clear, objective, and definite terms to describe the observation.Vague terms lead to misinterpretation. 6. Be down-to-earth and factual. It is important to document factual observations and assessments exactly as they happen. It is also recommended to document a realistic picture of the patient, especially if the patient is noncompliant with the plan of care. 7. Chart only ones own observations. Charting observations of others is not accurate observations and can cause credibility of the nurse in question. 8. Chart all patient education 9. Correct chart errors. 10. Identify oneself after every entry. 11. Use standardized checklists or flow sheets. 2. Leave no room for liability. According to Guido (2010), Understanding ones ethical motive and values is the firstly step in understanding the ethics and values of others and in secure the delivery of appropriate nursing care (p. 4). Nurses and other healthcare providers nerve ethical issues daily. Together, law and ethics guide nursing practice to provide safe, effective care keeping patients free from harm. Ethics are pertain with standards of behavior and the concept of right and wrong, over and above that which is legal in a given situation (Judson & Harrison, 2006, p. ). In addition, understanding law and ethics in nursing practice keeps nurses at their professional best and decreases the risk of legal litigation, such as the scenario described by the Neighborhood News. though malpractice is rare in the lives of individual healthcare professionals, the number of malpractice suits is on the initiation (Larson & Elliott, 2010, p. 153). The nursing profession has more professional responsibility and accountability than some(prenominal) other time in the history of nursing.According to Weld and Garmon Bibb (2009), nurses must expect the fact that they now owe a higher duty of care to their patients, and by extension, are more expose d to civil claims for negligence than ever before (p. 2). Understanding ethical principles in nursing, importance of nursing documentation and how it relates to medical malpractice and negligence is imperative. References Guido, G. W. (2010). Legal & Ethical Issues in Nursing (5th ed. ). University of genus Phoenix eBook Collection database. Judson, K. , & Harrison, C. (2006). Law & Ethics for Medical Careers (5th ed. ). University of Phoenix eBook Collection database.Larson, K. , & Elliott, R. (2010, March-April). The excited Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156. Ebscohost. com. Prideaux, A. (2011). Issues in Nursing Documentation and Record retention Practice. British Journal of Nursing, 20(22), 1450-1454. Ebscohost. com The Neighborhood- Pearson Health Science. The Neighborhood News. Retrieved October 1, 2012, from http//pearsonneighborhood. ecollege. com/re/DotNextLaunch. asp? courseid=3609454 Weld, K. K. , & Garmon Bibb, S. C. (2009, January-March ). archetype Analysis Malpractice and Modern-Day Nursing Practice. Nursing Forum, 44(1), 2-10. Ebscohost. com.