'Amputation Mishap\r'

'Amputation misadventure The likeness News reports of a medical misplay at The region infirmary. The report states a 62 year-old male patient role of role underwent surgery to subscribe his branch see awayd only to discover the amiss(p) forking was amputated during surgery. The newsprint article states the mishap is disregard. In the side by side(p) paragraphs, disrespect, primitive negligence, and malpr flakeice are discussed and de barrierine if the newspaper’s story of negligence is fix. Ethical principles in care for and nursing documentation regarding such issues are also discussed. scorn and mal perform fall under the tort laws ex course of studyation.According to Guido (2010), â€Å"Torts are well-mannered wrongs, not based on contracts, but on personal transgressions in that the responsible person performed an fulfil in sort outly or omitted a necessary litigate” (p. 92). Tort laws are based on disfigurement and in a health-care setting , tort laws are the approximately common. To determine if the supra scenario results in negligence, sodding(a) negligence, or medical mal radiation pattern, one must understand the definition of each. According to Guido (2010), negligence is a general term and â€Å"equates with carelessness, a deviation from the standardized of care that a reasonable person would determination in a particular set of circumstances” (p. 2). According to Judson and Harrison (2006), cardinal key elements (four D’s), must be testify to produce negligence (p. 101): 1. art: The person super supercharged has a traffic to provide care to the patient. Neighborhood Hospital and staff have a responsibleness to provide a standard of care that a reasonable person would use in a particular set of circumstances. 2. Dereliction: The person charged fall ines the duty of care to the patient. The operating room team up failed to tell apart the correct leg for amputation prior to proceed wi th the procedure; so a breach of duty has occurred. 3.Direct cause: The breach of duty is a manage cause of injury to the patient. The wrong leg is amputated as a bring result of failure to let out the correct leg for amputation. As a direct result, the patient will become a retell amputee erst 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. victimization the above criteria, negligence is present in this case scenario. thoroughgoing(a) 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 intentionally 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 â€Å" the failure of a schoolmaster person to act in accordance with the dominate professional standards or failure to foresee consequences that a professional person, having the necessary skills and education, should foresee” (p. 93). Guido further states the conflict between negligence and malpractice is licensure.If the act is by a non-professional person, it is negligence. If the act is by a professional person, it is malpractice. sextuplet 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. appall 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 omission of identifying the correct leg for amputation prior to surgery. 4. Ca usation: 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 result, 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 rout outnot be replaced; therefore the patient is entitled to compensatory damages regarding pain and suffering, fixed disability, disfigurement, emotional damages as well as financial loss and medical expenses.In this scenario, all cardinal elements to prove malpractice are present. The negligence is by certify personnel in a hospital setting. Using the definitions and criteria above, the newspaper incorrectly defines the mishap as negligence. The correct term to use in this case is professional negligence or malpractice. treat documentation should be reflective of the patient’s hospital stay. This includes identifying an d addressing patient needs, assessments, problems, limitations, and results to nursing interventions.According to Guido (2010), â€Å"Documentation must show persistency of 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 watch outing guidelines for nurses to use to ensure documentation is complete and ideal (p. 197-209): 1. Make an entry for every observation. If documentation is absent, it can be assumed an observation did not take place. 2. Follow-up as needed. Evaluation and observations require follow up to ensure appropriate patient responses and best outcomes. . Read nurses notes prior to giving care. Reading nurses notes modify the nurse to know and understand patient diagnosis, response to treatment, and steps necessary to carry out the propose of care. 4. Always make an entry (even if it is late). Document forthw ith by and by the observation to reduce the risk of losing rich information. A late entry is acceptable although risks omitting worthful information. Never document an event before it happens. 5. phthisis clear and objective language. Document using clear, objective, and definite terms to describe the observation.Vague terms lead to misinterpretation. 6. Be possible and factual. It is important to document factual observations and assessments scarcely 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 one’s have observations. Charting observations of others is not accurate observations and can cause believability 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 blend sheets. 2. Leave no room for liability. According to Guido (2010), â€Å" soul oneà ¢â‚¬â„¢s ethics and determine is the outset step in pinch the ethics and values of others and in assuring the delivery of appropriate nursing care” (p. 4). Nurses and other health care providers face good issues daily. Together, law and ethics guide nursing practice to provide safe, effective care keeping patients exempt from harm. â€Å"Ethics are concerned with standards of behavior and the archetype of right and wrong, over and above that which is sanctioned 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. â€Å"Though malpractice is rare in the lives of individual healthcare professionals, the number of malpractice suits is on the rise” (Larson & Elliott, 2010, p. 153). The nursing profession has more professional responsibility and accou ntability than some(prenominal) other time in the history of nursing.According to dyers rocket and Garmon Bibb (2009), â€Å"nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed 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 capital of Arizona eBook Collection database. Judson, K. , & Harrison, C. (2006). Law & Ethics for Medical Careers (5th ed. ). University of capital of Arizona eBook Collection database.Larson, K. , & Elliott, R. (2010, March-April). The Emotional Impact of Malpractice. Nephrology Nursing Journal, 37(2), 153-156. Ebscohost. com. Prideaux, A. (2011). Issues in Nursing Documentation and Record Keeping Practice. B ritish 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 viper? courseid=3609454 Weld, K. K. , & Garmon Bibb, S. C. (2009, January-March). Concept Analysis: Malpractice and Modern-Day Nursing Practice. Nursing Forum, 44(1), 2-10. Ebscohost. com.\r\n'