Aspen N520 Legal and Ethical Issues in Health Care Module 3 and 4 Assignment
N520 Legal and Ethical Issues in Health Care
Module 3 Assignment
Professional Development Exercises :
Describe the kinds of evidence that a plaintiff can present in order to establish a negligent act. What defenses can a defendant present in order to refute a plaintiff’s evidence?
How do statutes of limitations protect professional nurse-defendants? Do they also protect the injured parties?
What can staff nurses do to protect patients from quasi-intentional torts? Does this differ from the nurse manager’s role in preventing quasi-intentional torts?
Read the case study presented at the end of Chapter 5 (Guido, p. 67).
Does the failure to document an admission nursing assessment equate with the fact that this nurse did no admission nursing assessment?
What might the patient’s attorney further allege in his supplemental report?
How would one decide the standard of care for this patient?
How would you decide the outcome of this case?
Read the case study presented at the end of Chapter 6 (Guido, p. 96)
Was there negligence in this case and who should be liable for the negligence?
What type of damages should be assessed and how would you begin to determine the amount to assess?
Given that there were multiple individuals involved in this case as well as the institution that employed these individuals, how would you determine the percentage of liability for the multiple defendants, assuming that more than one defendant should be assessed with damages?
How would you decide this case?
Read the case study presented at the end of Chapter 7(Guido, p. 115)
Were there damages that should be paid to this patient for negligence?
Who should be the individuals responsible for these damages? For example, is the surgeon the individual most liable for the damages owed to the patient?
Should the Bovie manufacturer also have been included in the lawsuit?
Are there any defenses that the defendants could cite that would mitigate their liability to this patient?
How should the court decide the damage awards in this instance?
Please combine all of these responses into a single Microsoft Word document for submission
Please submit only complete assignments (not partial or “draft” assignments).
Submit only the assignments corresponding to the module in this section.
You are not required to adhere to the 500-1000 word count for each of the responses, but please be thorough in your responses so that you adequately address all aspects of each question.
N520 Legal and Ethical Issues in Health Care
Module 4 Assignment
Professional Development Exercises :
Read the case study presented at the end of Chapter 9 (Guido, p. 185-186).
Did the lack of documentation in the admitting nurse’s assessment and notes affect the ultimate outcome of this case?
Was there negligence on the part of the nursing staff in the care of this patient?
What could the nurse have done differently to facilitate a different outcome in this case?
How would you decide this case?
Using the sample professional liability insurance policy (Guido, p. 193-194), locate the various provisions:
Limits of liability
Declarations
Deductibles
Exclusions
Reservation of rights
Covered injuries
Defense costs
Coverage conditions and supplementary payments
Did you have difficulty finding some of the sections? Would this be a policy that you would consider purchasing for your own liability coverage? Why or why not?
Read the case study presented at the end of Chapter 10 (Guido, p. 198)
What provisions of an insurance policy would you consult to determine if an insurance company should pay such a claim, and what would the limits of the liability be?
Is the nursing home insurance company correct in saying that this is a professional judgment issue?
Which insurance company (the nursing home’s or that of the administrator of the nursing home, assuming she has coverage) should pay the court-ordered judgment?
How would you decide the case?
Please combine all of these responses into a single Microsoft Word document for submission
Please submit only complete assignments (not partial or “draft” assignments). Submit only the assignments corresponding to the module in this section.
You are not required to adhere to the 500-1000 word count for each of the responses, but please be thorough in your responses so that you adequately address all aspects of each question.
Exercises
Strategic National Stockpile, what it includes, and how and when can it be accessed
This is one of the armamentariums that help in responding to the cases of a biological attack. The occurrence of this kind of attack may have a devastating impact on the living standard of the people and hence calling for the need of an organization that could help in responding to such issues. The management of the stockpile is carried out by the CDC and is made up of the antibiotics, antitoxins, the vaccines the medication for life support as well as the medical suppliers being used for the supply of the state and public health emergency sector (Singh, Romaine, & Seed, 2015).
There are many things that could be included for the case of stockpile including the fact that it may be made up of pharmaceuticals. This includes medications that are used for the treatment of health condition that is dangerous and hence the medications are kept on alert for supply when the need arises. The other things that could be included in the stockpile are the burn surge supply for use in the cases of having instances of burns in the community. Airway supplies are also found in the stockpile for use in case of an air challenge.
Other constituents of the strategic national stockpile are the vaccine for various diseases that could be seen in the community. Medical equipment and suppliers are as well useful for the development of an effective supply of the necessary amount of healthcare services. The process of access to strategic national stockpile is when there is an outbreak or as a result of an occurrence of a disaster.
A plan for vector control following a disaster and why the vector control is necessary
Benelli and Mehlhorn (2016) opine that the vector control is a strategy used in the control of mammals, the insects, birds, or any other arthropods that result in the process of transmission of pathogens of diseases. One of the vector control that is common is the control of mosquitos by making use of various available strategies. Other than the fact that mosquitoes are a nuisance, it is as well a threat to the health standard of an individual.
One of the strategies that could be used or the plan that could help in the control of cases of mosquitoes is by removal of any standing water in the compound. This is attributed to the fact that leaving any standing water will allow misquotes to breed. As such, it is fundamental that one ensures that any containers that do not have lids are always emptied in case there is any water to avoid allowing mosquitoes to breed in the community grounds.
The necessity of this vector control plan is to help in the management of the issues that could increase the chances of the people in the family avoiding to be infected by the mosquitoes. Typically, the plan is to ensure that the mosquitoes do not breed in places that are near to the living environments.
Meaning of System capacity and emergency preparedness competency, how they are similar, how they are different
The system preparedness capacity is considered to be the ability of the organization to make a decision that is rational and get an understanding of the challenges that are being faced. In addition, this system capacity involves the appreciation of the challenge and hence the acknowledgment of the challenges that are seen in the community and the ability of the system to allow in the process of manipulation of the information and make a decision that is rational.
On the other hand, emergency preparedness competency involves the ability of the system to have defined goals and the standard of preparedness of the system on tackling any issues of concern that are seen in the community (Veenema et al., 2016). With the development of a structure that allows for the management of the standard of effective management of the disaster, there is a need for the system to be competent and have the capacity.
Along these lines, although the competency will allow for the use of an effective and quality strategy in the management of the issue, the system should have the resources of tackling the issue and hence should have the capacity. This indicates the relation between the two. The variation between the two is seen in that the issues of capacity will involve the resources of the system in tackling a given issue while the competency is the ability of the system to deal with the issue in quality standards.
Two provisions from the ANA Code of Ethics that may be in conflict when a nurse is asked to quarantine a patient
One of the provisions of ANA code of ethics is on the fact that a nurse should help in the promotion and advocating for the protection of the rights of health and the safety of the patients (Olson & Stokes, 2016). In this case, placing a patient in quarantine will end up causing a challenge in the process of protection of the safety of patients. This is as well important in the management of the issue of change in the standard of patient care.
The provision of a nurse is to help in the promotion of health and safety as well as the preservation of the wholeness of an individual as well as the character and integrity of the patient. The process of development of the patient structures is as well helpful in the maintenance of the standard of patient care integrity. Keeping a patient in quarantine results in the evasion of the standard of ethics of the patient in that the patients will not have their integrity being respected.
Professional Development
Utilizing Maslow’s Hierarchy of Needs
After a public health issue, it is prudent for a public health nurse to help in the development of strategies of enhancing the standard of living of the people and the management of the health challenges after the disaster. The concerns that will be focused on will include the physiological needs and safety needs. The public health nurse will help in the enhancement of the needs of the people affected.
One of the physiological needs of the patients will include the apparent needs that one should always have as argued by Jonas (2016). The needs will include the things that are necessary and are important for the survival of the people affected. One of the needs will be food. It will be prudent that there is food provision for the people affected. In addition, water is another need that should be taken into account. The people affected by the disaster should have clean water for use in drinking and any other cleaning purpose.
The other physiological need that the public health nurses should be concerned about is the breathing. As a result of the disaster, it will be important that a structure is developed to help in the provision of clean breath for the people since the disaster could have affected the air. The fourth physiological need that will be necessary will be homeostasis. In this case, people should be allowed to have all their organs working in an appropriate manner and hence the excretion process should be working well. The public health nurse will, therefore, be responsible for helping the patients in the assessment of their excretion process.
In addition, the public health nurse will have concerns about the safety of the people affected and the others in the area. One of the safety concerns that the public health officer should have is on the challenge of health and wellness of the people affected. In this case, there will be a need for the official to ensure that the environment of healthy. The other safety concern that will be a concern is the case of injuries. Along these lines, there is a need for the assessment of the possible injuries that could result in the deterioration of the standard of health of the people in the place of the disaster.
The case of a 3-year-old boy
One of the potential errors that have been avoided is that the patient could be been affected by the use of this medication. The medication that the child was to be given could have expired since it was given some years back. Along these lines, the life of the child could have been risked even further. The timely arrival, therefore, played a critical role in saving the situation.
The syrup of ipecac should not be used in this case due to the fact that it could risk the life of the child. Nonetheless, the use of syrup of ipecac was used in the past for treatment of a certain kind of poisoning since it initiatives vomiting of the poison (Kulig & Rosen, 2017). In this case, the child has shown the signs of the use of the drugs and this may indicate that there has been an absorption of the drugs to the body system already. This is a challenge in the use of this syrup may not help the patient.
References
Benelli, G., & Mehlhorn, H. (2016). Declining malaria, rising of dengue and Zika virus: insights for mosquito vector control. Parasitology research, 115(5), 1747-1754.
Jonas, J. (2016). Making practical use of Maslow’s Hierarchy of Needs theory to motivate employees: a case of Masvingo Polytechnic. Journal of Management & Administration, 2016(2), 105-117.
Kulig, K., & Rosen, P. (2017). Lavage Redux. Journal of Emergency Medicine, 52(5), 758-759.
Olson, L. L., & Stokes, F. (2016). The ANA code of ethics for nurses With interpretive statements: resource for nursing regulation. Journal of Nursing Regulation, 7(2), 9-20.
Singh, V. K., Romaine, P. L., & Seed, T. M. (2015). Medical countermeasures for radiation exposure and related injuries: characterization of medicines, FDA-approval status and inclusion into the strategic national stockpile. Health physics, 108(6), 607.
Veenema, T. G., Griffin, A., Gable, A. R., MacIntyre, L., Simons, R. N., Couig, M. P., … & Larson, E. (2016). Nurses as leaders in disaster preparedness and response—A call to action. Journal of Nursing Scholarship, 48(2), 187-200.