Question 1: Write a 1-2 page analysis stating your decision regarding whether the nurse was liable for the death of the patient in the scenario below. IT’S YOUR GAVEL… CHANCE OF SURVIVAL DIMINISHED On the afternoon of May 20, the patient, Mr. Ard, began feeling nauseated. He was in pain and had shortness of breath. Although his wife rang the call bell several times, it was not until sometime later that evening that someone responded and gave Ard medication for the nausea. The nausea continued to worsen. Mrs. Ard then noticed that her husband was having difficulty breathing. He was reeling from side to side in bed. Believing that her husband was dying, she continued to call for help. She estimated that she rang the call bell for 1.25 hours before anyone responded. A code was eventually called. Unfortunately, Mr. Ard did not survive the code. There was no documentation in the medical records for May 20, between 5:30 PM and 6:45 PM, that would indicate that any nurse or physician checked on Ard’s condition. This finding collaborated Mrs. Ard’s testimony regarding this time period. A wrongful death action was brought against the hospital, and the district court granted judgment for Mrs. Ard. The hospital appealed. Ms. Krebs, an expert in general nursing, stated that it should have been obvious to the nurses from the physicians’ progress notes that the patient was a high risk for aspiration. This problem was never addressed in the nurses’ care plan or in the nurses’ notes. On May 20, Ard’s assigned nurse was Ms. Florscheim. Krebs stated that Florscheim did not perform a full assessment of the patient’s respiratory and lung status. There was nothing in the record indicating that she completed such an evaluation after he vomited. Krebs also testified that a nurse did not conduct a swallowing assessment at any time. Although Florscheim testified that she checked on the patient around 6:00 PM on May 20, there was no documentation in the medical record. Ms. Farris, an expert witness for the defense, testified on cross-examination that if a patient was in the type of distress described by Mrs. Ard and no nurse checked on him for 1.25 hours, that would fall below the expected standard of care.1 Dr. Bruce Iteld, a member of the medical review panel and an expert in the fields of medicine and cardiology, testified that with Devon Ard’s history and with reports of nausea, vomiting, rolling around in bed, paleness, and blueness he would have wanted to be notified by the attending nurse had he been the treating physician. He would have transferred him back to intensive care immediately. He would have done this because it looked like he was going to have a respiratory and cardiac arrest. Possibly, had he been transferred to the cardiac unit his chances of going into a code would have been averted. When asked whether this would be more probable than not he replied: This is a very sick gentleman and already had two respiratory problems . . . I think he would have had a much better chance of survival in the intensive care unit.2 WHAT IS YOUR VERDICT?
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Question 1: Write a 1-2 page analysis stating your decision regarding whether the nurse was liable for the death of the patient in the scenario below. IT’S YOUR GAVEL… |
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CHANCE OF SURVIVAL DIMINISHED On the afternoon of May 20, the patient, Mr. Ard, began feeling nauseated. He was in pain and had shortness of breath. Although his wife rang the call bell several times, it was not until sometime later that evening that someone responded and gave Ard medication for the nausea. The nausea continued to worsen. Mrs. Ard then noticed that her husband was having difficulty breathing. He was reeling from side to side in bed. Believing that her husband was dying, she continued to call for help. She estimated that she rang the call bell for 1.25 hours before anyone responded. A code was eventually called. Unfortunately, Mr. Ard did not survive the code. There was no documentation in the medical records for May 20, between 5:30 PM and 6:45 PM, that would indicate that any nurse or physician checked on Ard’s condition. This finding collaborated Mrs. Ard’s testimony regarding this time period. A wrongful death action was brought against the hospital, and the district court granted judgment for Mrs. Ard. The hospital appealed. Ms. Krebs, an expert in general nursing, stated that it should have been obvious to the nurses from the physicians’ progress notes that the patient was a high risk for aspiration. This problem was never addressed in the nurses’ care plan or in the nurses’ notes. On May 20, Ard’s assigned nurse was Ms. Florscheim. Krebs stated that Florscheim did not perform a full assessment of the patient’s respiratory and lung status. There was nothing in the record indicating that she completed such an evaluation after he vomited. Krebs also testified that a nurse did not conduct a swallowing assessment at any time. Although Florscheim testified that she checked on the patient around 6:00 PM on May 20, there was no documentation in the medical record. Ms. Farris, an expert witness for the defense, testified on cross-examination that if a patient was in the type of distress described by Mrs. Ard and no nurse checked on him for 1.25 hours, that would fall below the expected standard of care.1 Dr. Bruce Iteld, a member of the medical review panel and an expert in the fields of medicine and cardiology, testified that with Devon Ard’s history and with reports of nausea, vomiting, rolling around in bed, paleness, and blueness he would have wanted to be notified by the attending nurse had he been the treating physician. He would have transferred him back to intensive care immediately. He would have done this because it looked like he was going to have a respiratory and cardiac arrest. Possibly, had he been transferred to the cardiac unit his chances of going into a code would have been averted. When asked whether this would be more probable than not he replied: This is a very sick gentleman and already had two respiratory problems . . . I think he would have had a much better chance of survival in the intensive care unit.2 WHAT IS YOUR VERDICT? |
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