Legal Considerations Presentation

 Legal Considerations Presentation for Health Law and Ethics - HCS 478 at the University of Phoenix

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Legal Considerations Presentation

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Excerpt from this presentation: (Note: Bullet Points go in slides and paragraphs go in Speaker's Notes).

Slide 3: The Issue

• Nursing Home Negligence and Abuse
• Resident died in nursing home
• Consequence of multi-organ system failure
• Secondary to sepsis from something preventative

In the case of Stogsdill v. Healthmark Partners (2004), a resident of a nursing home died as a consequence of multi-organ system failure secondary to sepsis from a ruptured bowel. The nursing home staff had failed to promptly report the patient’s failure to have a bowel movement or complaints of severe abdominal pain and abdominal swelling. The nursing home staff also failed to follow the physician’s standing orders to provide appropriate therapy for constipation, including enemas and milk of magnesia. When a family member expressed concern about the residence severe constipation and abdominal pain, a nurse told the relatives that they did not call the physician every time “somebody gets a bellyache.” The jury awarded $500,000 in compensatory damages and $5 million in punitive damages. The US circuit Court of Appeals for the eighth circuit rolled that the nurses’ conduct was so outrageous that punitive damages were appropriate.

Slide 5: Other Factors That Affect Nursing Practice

• Liability
• Civil Liability
• Criminal Liability
• Employment Liability
• Administrative Liability

Liability is synonymous with the issue of being subjected to a duty. Nurses have a variety of professional and legal responsibilities and obligations that they are held answerable for. A number of nursing liabilities and the measures to circumvent them can include civil, criminal, employment, and administrative liabilities (Guido, 2010).
A civil liability in the realm of nursing relates primarily to nursing negligence. This tends to lead to a civil lawsuit by an employer or even a patient for failing to carry out proper nursing care or behave as a sensible professional. Nurses must always attempt to conduct their tasks carefully, appropriately, and to the best level of their capabilities consequently leaving...

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