Is the facility responsible for malpractice in their handling of Randall McMurphy? (YES or NO)
1.) A counseling duty must exist between the client and counselor: After listing this first issue in assessing negligence/malpractice. Then provide “specific” information to justify your answer.
There was an existing counseling duty between McMurphy, Dr.Speevie and Nurse Ratchet. It was established when he arrived at the hospital. Dr.Speevie was who assessed McMurphy’s stay at the hospital as an evaluation to determine diagnosis and possiable treatment. They talked about what he was arrested for. McMurphy was asked if he thought they could help him. Nurse Ratchet held regular counseling groups with all the patients in which McMurphy attended regularly. Their position as staff at this hospital was clear. 2.) Counselor must have breach duty thru some action or lack of action: After this Point list “specific” examples of how this breached relationship did occur.
The evidence supporting the events in where counselor breached duty was when transference/counter transference is presents itself and counseling duty is continued with McMurphy making this a unproductive place for McMurphy. McMurphy disturbing group asking questions unrelated to topic. Attempt to change schedule to watch the World Series. Nurse Ratchet tactfully got around the request by a time limit. It’s here that major counter transference starts. McMurphy got other patients together and they enjoyed themselves pretending to watch the game. Here McMurphy is showing his transference issues with Nurse Ratchet. Encounter with lifeguard is when McMurphy realized that the conditions of his stay weren’t what he thought (his freedom is in Nurse Ratchet’s hands) is lack of informed consent. McMurphy smashed the glass widow to nurse station to grab cigarettes for another patient. Washington...