Nursing Law and Ethics Name Term Paper

The death of a child is significant and in this case avoidable and a plaintiff has the right to seek compensatory damages as is allowed by law.

Case Study 1 Part B

At the end of the night shift, Nurse Brown took a verbal handover and then noticed the observation chart had not been filled in. To assist her friend, Nurse Harvey, whom she knew had a busy night, filled in the observation chart and fluid balance chart for the hours from 0200-0600 hrs.

Overcome by the events of the last 24 hrs, Nurse Harvey and Nurse Brown go to the local tavern for a few drinks before Nurse Harvey goes on duty. They discussed Mr. Spencer and his son. John, a friend of Mr. Spencer, overheard the conversation and joined them. He was also upset by the events of the day and was most keen to discuss the accident and subsequent care.

Assume that Mr. Spencer's son did not die. In contemplation of possible legal action, Mr. Spencer wishes to see his notes and those of his son.

A g) What are the possible implications of Nurse Brown's actions?

Drinking alcohol prior to a shift, discussing a patient outside of work as well as falsifying documentation for another nurse is punishable by suspension of duties as well as potential further legal action.

A h) Why is the practice of discussing patients outside the work environment not acceptable?

Patient confidentiality is essential to maintaining the individual's dignity.

A i) Do you consider the fact that John was a friend makes any difference?

No, the family may not have wished for this information to be shared and they have the right to make this decision themselves, not have it decided by another.

A j) What, if any, legal implications may there be from the conversation with John?

Breach of confidentiality is a major ethical violation, again it could be punishable by suspension of licensure and/or further legal actions.

A k) What are Mr. Spencer's options to gain access to the hospital records?

Mr. Spencer may request copies of his medical records, and those of his dependant son or he may seek to do so through a solicitor or a public representative.

References

Hall, J. (1960). General Principles of Criminal Law (2nd ed.). Indianapolis: Bobbs-Merrill.

Markesinis, B.S., & Deakin, S.F. (1999). Tort Law (4th ed.). Oxford: Clarendon Press.

ANCI Competency Standards for the Enrolled Nurse at http://www.anmc.org.au/docs/Publications/Competency%20standards%20EN.pdf

Scope of Nursing Practice Decision Making…