Running head: LEGAL RISKS OF NURSES

Legal Risks of Nurses

Name of the Student
Name of the University

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Abstract

The main purpose of the paper is to prove that Mr. Ard had no chance of survival due to the
nursing staffs supervision lack. Further, it has been attempted to prove that it is the
responsibility of the employer to supervise the actions as well as non-actions of the medical
staff. The required rounds were not made by the medical staff as well as appropriate care was
not offered, which was required in the medical setting. Communications amid the staff and
the patient did not occur ill the time Mr. Ard was about to die. Bell was rung by Mrs. Ard for
almost a period of two hours, however no help arrived to assist Mr. Ard. The questions
regarding the whereabouts of the staff would also be answered in the paper.

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Introduction

In this paper, the answer to certain basic questions would be derived pertaining to a
case that occurred with Mr. Ard. This patient suffered pain and breathe shortness; he was
provided with nausea medication. It is apparent that the patient required an assistance with
the pain as well as shortness of breathe. It appears that there is an issue with the timing of
response with the medical persons. Subsequent to Mr. Ard being provided with the assistance
on nausea, he was not checked on byany of the medical staff for determining if he
demonstrated any better condition. On the basis of Mrs.Ards testimony, the condition of her
husband turned out to be worse leading to his death (Ard vs. East Jefferson Gen. Hospital,
1994). The questions that emerge revolve around what happened at the time of the incident
and if at all it could have been stopped if there would have been appropriate response from
the staff
1. What happened?
2. Why did things go wrong?
3. What were the relevant legal issues?
4. How could the event have been prevented?
5. What is your verdict?
In the paper, these significant questions would be answered.
What happened?
There is apparent failure of communication as well as of supervision in the patient
care. The documentation in nursing has been defamed to be arduous, unwarranted, as well as
of little use. It is not a matter of surprise that practicing RNs keep the documentation on low
priority (American Nurses Association, 2001). In the given case, the documentation on the
condition of the patient is quite less and there were minimal rounds, which were required to
be made for ensuring that he received the comprehensive medical attention. Nurses need to

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resist the elimination of comprehensive nursing documentation for a short-term gain, but a
long term loss. Documentation is a critical component of nursing practice, not an afterthought
(American Nurses Association, 2001).

Why did things go wrong?

The things would have gone wrong dues to certain inadvertence in the health care
plan of the patient, since he was a patient with high risk. These patients should have been
placed in a high risk area. The documentation exclusion or adopting new methods of
documentation pose high potential legal risks. Again, the inclusiveness of documents of
nursing as well as its applicability to the health care of the clients is critical. In the given case,
all of these were not dealt in priority. With the various diverse methods coming up, like,
"charting by exception," there is high risk faced by the nurses of not having the confirmation
that might be needed for defending themselves in the legal action events, like in this case.

What were the relevant legal issues?

Every time that a physician or an attendant is unable to utilize the information that is
available, particularly in the cases like that of Mr.Ard, there is a very high risk of litigation. It
is particularly true at the time of arriving at practice decisions. For instance, if decision
supports in nursing are available, but is not used by the nurse, leading to improper diagnosis
or plan of intervention being prepared, potential liability occurs. At the times that there exists
scientific knowledge bases access, which would enhance the precision of the clinical
decisions made by the practitioners, but these knowledge bases are not accessed by the
practitioners, there is high legal risk in the event that a harmful or an inappropriate decision
has been taken. Such problems have not been attended to, which eventually led to causing
death. Ms. Florscheim was the assigned nurse, who failed to undertake the complete Mr.

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Ards assessment, status after he vomited. Such action is an undeviating violation of a

policies and procedures of a nurse. A test for determining if a patient is able to swallow was
not conducted and in the documents this aspect was ruled out completely being a concern.
Appropriate care was not a concern in the given case. Standard care is expected at the time
that the patients are in the custody and care of professionals (American Nurses Association.,
2006).
Could it have been prevented?
Yes, the condition in the case and the eventual result might have been prevented had
enhanced care would have been provided to the patient. The other question is that if the
patient would have lived through the night. All we can say that there was a possibility of
better care, which might have prevented from the loss to have occurred.
Conclusion
Documentation is a critical component of nursing practice. When there is access to
scientific knowledge bases that would improve the accuracy of the practitioners clinical
decisions and the nurse does not access those knowledge bases, there is greater legal risk in
the event of an incorrect and harmful decision. Such measures can also adversely impact the
condition of the patient and may lead to something as severe as in this case death.

References
American Nurses Association (2001). ANA workplace health and safety guide for nurses:
OSHA and NIOSH resources. Washington, D.C. ANA Publishing.
American Nurses Association (2001). Code of ethics for nurses with interpretive statements.
Washington, D.C. ANA Publishing.
Ard vs. Jefferson General Hospital, 636 So. 2d 1042 (la. Ct. App. 1994)

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American Nurses Association. "Nursing Facts: Todays Registered Nurse - Numbers and
Demographics" Washington, D.C., American Nurses Association, 2006.