In this paper the subject to discuss is a newspaper article given in season three, episode seven of Pearson Health Science Neighborhood in the course materials section of University of Phoenix student Website. The article “Amputation mishap, negligence cited” is about the wrong leg amputation of 62-year-old Joseph Benson, a diabetic patient who suffered from poor circulation for five years. The hospital where he had surgery is experiencing nursing shortage and union problems (Pearson Health Science, 2011).
The incidence of wrong leg amputation occurred as a result of negligence. This could have avoided by completing a pre procedural checklist, site marking, and time out and proper documentation of these steps. The ethical principles that would guide nursing practice in this situation are beneficence and nonmaleficence. Differences between negligence, gross, negligence, and malpractice “Negligence is described as failure to use such care as a reasonable prudent and careful person would use under similar circumstances” (Weld and Bibb, 2009, p. ).
Common examples of negligence are malnutrition, inadequate hydration, and physical injury occurred as a result of the nurse’s care or lack of care. Three main elements have to be proved in a nursing negligence case for a case to be valid. The three elements are; the nurse had a duty to perform, a breach in the standard of duty of care occurred, and a breach in the standard of care resulted in harm (Avery, 2009). Gross negligence is a more serious form of negligence. Negligence is seen as a person falling below the standard of care.
Whereas gross negligence is seen as complete failure to show care and implies recklessness or a willful disregard for the safety of a human being. Restraining a patient with dementia, who is difficult to watch and control, all day and night causing fractures and bedsores is an example of gross negligence (Abraham, 2001). To prove gross negligence a person has to prove the person liable acted in a way that was unsafe and caused harm to another person. Also it has to be proved that the liable person violated his duty to the other person, his or her actions caused injury to the person and that he injury could have been avoided.
Malpractice often called medical malpractice is failure of a medical profession to meet the standards of good medical practice in the field in which they practice. Medical malpractice occurs when a doctor or nurse does something that a competent professional would not have done. The following is an example. A 42-year-old man admitted for a sore throat received antibiotics and pain medication known to cause labored breathing. When the man developed a breathing problem, he was given more medication.
The nurse did not inform her supervisor or emergency physician about the condition of the patient. Because of the respiratory arrest, this man had severe hypoxia, which caused brain damage and went into a permanent coma (Bhat, 2011). To prove medical malpractice the health care provider must be proved to be negligent, breached the standard of care, and failed to act in a careful manner that a similar health care provider would do in a similar situation. The person also has to prove that the violation of the standard of care caused the injury or harm.
Negligence in relation to the article In the article “Amputation Mishap, negligence cited” Joseph Benson underwent an amputation below the left knee instead of the right below knee amputation. This happened as a result of negligence of the surgical team. The hospital was negligent because the doctors and nurses failed to give proper care and perform their duty to make sure they were amputating the correct leg. There was a breach of care because they had a legal obligation to protect the patient from harm.
The injury and damages the patient sustained is a direct negligence by nurses and doctors. Nurses and doctors have the responsibility to protect their patients from harm and injury, which was not done in this case. Because of their neglect, Joseph Benson will have to suffer for the rest of his life. Importance of documentation In today’s health care field nurses are accountable for documentation of patient information that accurately reflects nursing assessment, plan of care, intervention, and evaluation of the patient’s condition.
To satisfy ethical and legal requirements, documentation in this case should show that the standard of care was met by following standard of care set by JACHO. Ethically, the nurse’s primary goal is to protect the patient and to act as his or her advocate. Documentation will include the verification process, site marking by the surgeon involving the patient, and time out. The verification process will include identifying the correct patient with two identifiers, completing a checklist, and obtaining patient’s medical records and imaging studies.
Time out is performed by verification of the patient, surgical site, and procedure in the operating room by each surgical team member. Following these steps will protect patient ethically and legally. Because the nurses and doctors did not uphold the standard of care by implementing the time-out, Joseph had the wrong leg amputated. His rights were violated legally and ethically. Two ethical principles that would guide a nurse’s practice in Joseph Benson’s case are beneficence and nonmaleficence.
Beneficence is the duty to improve the condition of others and nonmaleficence is the duty not to injure others including imposing pain and suffering to others (Guido, 2010). In the case of Joseph, proper identification of the right surgical site would have improved his condition and avoided loss of his good leg. The nurse would also advocate for the patient to ensure he receives the best care and treatment. Following these ethical principles will help to improve the safety of the patient, avoid any harm done to the patient, and provide the care he deserves. Conclusion
The wrong site surgery reported in the Neighborhood newspaper resulted from negligence of the surgical team. Liability from negligence, gross negligence, and malpractice occur as a result of deviation from the accepted medical standard of care that causes injury to a patient. Documentation of verification process, site marking, and time out are required to meet the standard of practice legally and ethically and to prevent any wrong site surgeries. Following ethical principles will help nurses and other health care professionals to provide safe and effective treatment and care to the patients.