Reference no: EM133955138

Question

Legal and Legislative Issues

Part 1:

You are a surgical nurse at Memorial Hospital. At 4:00 PM, you receive a patient from the recovery room who has had a total hip replacement. You note that the hip dressings are saturated with blood but are aware that total hip replacements frequently have some postoperative oozing from the wound. There is an order on the chart to reinforce the dressing as needed, and you do so. When you next check the dressing at 6:00 PM, you find the reinforcements saturated and drainage on the bed linen. You call the physician and tell her that you believe the patient is bleeding too heavily. The physician reassures you that the amount of bleeding you have described is not excessive but encourages you to continue to monitor the patient closely. You recheck the patient's dressings at 7:00 and 8:00 PM. You again call the physician and tell her that the bleeding still looks too heavy. She again reassures you and tells you to continue to watch the patient closely. At 10:00 PM, the patient's blood pressure becomes non-palpable, and she goes into shock. You summon the doctor, and she comes immediately.

1. What are the legal ramifications of this case?

2. Using the components of professional negligence outlined in Table 5.3 of your book, determine who in this case is guilty of malpractice. Justify your answer.

3. At what point in the scenario should each character have altered his or her actions to reduce the probability of a negative outcome?

Part 2:

You are a staff nurse in a surgical unit. Shortly after reporting for duty, you make rounds on all your patients. Mrs. Jones is a 36-year-old woman scheduled for a bilateral salpingo-oophorectomy and hysterectomy. In the course of conversation, Mrs. Jones comments that she is glad she will not be undergoing menopause as a result of this surgery. She elaborates by stating that one of her friends had surgery that resulted in "surgical menopause" and that it was devastating to her. You return to the chart and check the surgical permit and doctor's progress notes. The operating room permit reads "bilateral salpingo-oophorectomy and hysterectomy," which does lead to menopause, and it is signed by Mrs. Jones. The physician has noted "discussed surgery with patient" in the progress notes. You return to Mrs. Jones's room and ask her what type of surgery she is having. She states, "I'm having my uterus removed." You phone the physician and relate your information to the surgeon who says, "Mrs. Jones knows that I will take out her ovaries if necessary; I've discussed it with her. She signed the permit. Now, please get her ready for surgery-she is the next case."

ASSIGNMENT: Discuss what you should do at this point. Why did you select this course of action? What issues are involved here? Be sure to discuss legal ramifications of this case.