Negligence Paper

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Negligence Paper
Ann Fairvalley
University of Phoenix
HCS/ 478

Negligence Paper

Imagine waking up in the recovery room from being sedated for a procedure in which one of your limbs has been amputated. While in recovery you are in and out of consciousness. Finally after being in recovery for 2 hours you are taken to a step down unit to recover and receive teaching and therapy. After getting settled into bed you gets the guts to throw back you sheets and take a look where there was once a left leg. To your horror your left leg is there and your right leg is not! “The Joint Commission considers wrong site surgery to be a sentinel events which is defined as "an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof. Serious injury specifically includes loss of limb or function” (Dillon. 2008.).” This was an all too familiar of a situation for one Mr. Joseph Benson a 62-year-old diabetic with circulation problems that required a leg amputation. In this paper I plan to explore the legal implications in regards to the differences between negligence, gross negligence and malpractice. I will also explore some rational as to why union problems and/or nursing shortages could have been the cause of this disaster. Lastly I will describe the importance of documentation in regards to potential negligence as if I was the nurse involved with Mr. Benson’s care. I will briefly describe my ethical principles, which would guide this practice and how I would document the case to satisfy ethical and legal requirements.

“Negligence as defined by Black’s Law Dictionary (1979) and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO, 2002) is the “failure to use such care as a reasonably prudent and careful person would use under similar circumstances.” It is the predominant theory of liability in medical malpractice litigation (King, 1986) (Weld. Garmon. Bibb. 2009.).” During...
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