Introduction
The events at the Centura St. Anthony Hospital, outside of Denver in April 1997, is enough proof that most nurses are unaware of the legal implications of a certain actions that they may consider to undertake when all other options seems to indicate poor outcomes. While it may be prudent to consider the changing instances of the patient’s condition, the process of changing the care process or the medication could cause potential legal liabilities for the nurse (Russell, 2012).
Identify what emotions are evoked as you consider the Colorado Board of Nursing case stated above?
The unfortunate event at the Centura St. Anthony Hospital and the case as handled by the Colorado Board of Nursing elicits emotions in tow major aspects. The death of the child despite the concerted efforts by the three nurses is quite hard to imagine. The second scenario is however worse in emotional terms. The first nurse who was assigned to care for the baby is found not responsible for the death. The second nurse’s case and the nurse practitioners case are tough to take. The second nurse had offered to help in the care of the child while the nurse practitioner was at hand to render her expertise and skill to the demanding situation that required collaborative care (Russell, 2012). The pharmacy despite the wrongful dosage delivery was not held responsible whatsoever.
Should the courts take into consideration the fact that the nurses' error occurred because they wanted to avoid causing the baby unnecessary pain? Discuss your thinking
While the nurses may have erred in the administering of care at the time of death of the child, it would have been reasonable for the court to consider the two preceding situations. On one hand is the situation of the child and, on the other hand, the wrongful delivery of the dosage. On the other hand, the nurses had enough proof to show that the change of administration from intramuscular to intravenous was based on positive intentions about the child’s outcome from the very beginning. The poor communication between the nurses and the pharmacy is mote to blame for the events thereafter (Cady, 2009).
Can you think of other occupations in which the consequences of unintentional errors have greater legal implications? Discuss your answer.
Unintentional errors may also occur in banks when offering banking services such as processing loans for the customers. The credit officer, for instance, could make errors when determining the credit worthiness of the client. In case, the client receives much higher values than would have been under normal conditions and later fails to repay the full amount, the credit officer may be held liable. The basis of this liability could be derived from the documentation at the initial stages of the determination of credit worthiness of the client. The credit officer can be deemed as to have had the intention to collude with the client to con the bank and avoid direct implications of such a fraud.
How should the nursing profession respond to this frightening new legal threat? Which sections of the State Nurse Practice Act did the nurses violate?
The nursing profession should react by beginning education programs for the current workforce on the legal aspects of the care practice. In essence, the nurse should be equipped with knowledge to determine and understand their level and scope of practice. The infringement of the scope of practice laws of the Colorado State Nurse Practice Act is the legal binding under which the nurses were charged and indicted (Calfee & Plum, 1997).
Conclusion
Nursing practice is a profession that requires skill, knowledge, as well as critical thinking. The nurse cannot adhere to any specific methodology to administering care since disease and patient may present in various ways calling for diverse therapeutic and treatment approaches. In some cases, the nurse may be required to make decisions that do not align to the procedures required by the physician (Hurley & Berghahn, 2010). This usually occurs at times when the patient’s condition changes over the course of the duration when the physician is away. Such situations usually present in the most critical periods of the patient’s health thus requiring swift decision-making to avert death or further complications (Cady, 2009). In some cases, these decisions may not work-out well, and the nurse may find themselves in a position of liability of death or damages resulting from further complications. The Nurse Managers need thus to educate their nurses on the legal and practice requirements as well as measures to take in situations of need and dilemma.
References:
Cady, R. F. (2009). Criminal Prosecution for Nursing Errors. Retrieved from https://www.nursingcenter.com/_PDF_.aspx?an=00128488-200901000-00003
Calfee, B. E, & Plum, S. D. (1997). Nurses indicted: Three Denver nurses face prison in a case that bodes ill for the profession. Retrieved from http://business.highbeam.com/4397/article-1G1-19588498/nurses-indicted-three-denver-nurses-face-prison-case
Hurley, S. P., & Berghahn, M. J. (2010). Case Study: Medication Errors and Criminal Negligence: Lessons from Two Cases. Journal of Nursing Regulation,1(1), 39-43.
Russell, K. A. (2012). Nurse practice acts guide and govern nursing practice.Journal of Nursing Regulation, 3(3), 36-42.
