Look At The Legal Malpractice Case Study That Has Been Assig

Look At The Legal Malpractice Case Study That Has Been Assigned To You

Look at the legal malpractice case study that has been assigned to your group. Describe the case and discuss the standard of care that the parties will be held to in this case. How will the standards of care and the Nurse Practice Act be applied in a court of law if the case is sued?

Paper For Above instruction

The legal malpractice case study centers on a tragic event involving Mrs. Wilma Carpenter, a 55-year-old woman who underwent a total hip replacement at Caring Memorial Hospital. The case involves multiple healthcare professionals, including the orthopedic surgeon Dr. Richard Washington, nurses Judy Gouda, Elizabeth Adelman, Kelly Wheeler, and others, as well as institutional oversight by hospital risk and quality assurance teams. The core issue pertains to potential negligence during postoperative care, which led to Mrs. Carpenter suffering a fatal anoxic brain injury.

The crux of the case revolves around the alleged failure of healthcare providers to monitor the patient adequately after a vomiting episode and signs of respiratory distress, which resulted in a delay in recognizing her deteriorating condition. Postoperative management involved multiple assessments and interventions, but disputes arise concerning the timing and thoroughness of vital signs monitoring, neurologic assessments, and timely responses to the patient's decline.

The Standard of Care in the Case

The standard of care refers to the degree of prudence, caution, and diligence that a reasonably competent healthcare professional would exercise under similar circumstances. In this case, the standard of care encompasses accurate and timely assessment of Mrs. Carpenter’s vital signs, neurologic status, and respiratory function, especially given her recent epidural anesthesia and history of hypotension.

For nurses like Kelly Wheeler and Elizabeth Adelman, adherence to established protocols for postoperative monitoring—hourly vital signs, neurologic assessments, and prompt reporting of changes—defines the standard. These standards are grounded in nursing practice guidelines, institutional policies, and the Nurse Practice Act, which codifies the scope and responsibilities of nursing professionals.

Similarly, the surgeon and physician assistant, Dr. Washington and Judy Gouda, are expected to provide informed consent and ensure that risks communicated to the patient are proper and comprehensive. The failure to mention potential death risks during consent may constitute a breach of the standard of care if such risks are deemed foreseeable and material.

The Role of the Nurse Practice Act

The Nurse Practice Act (NPA) delineates the legal scope of nursing practice, including assessment, planning, intervention, and evaluation. It mandates that nurses perform only duties within their competence and follow established protocols. In this case, adherence to the NPA would require Kelly and Elizabeth to recognize signs of respiratory compromise and act swiftly, document assessments accurately, and communicate findings appropriately.

If negligence is alleged, courts would examine whether the nurses violated provisions of the NPA by failing to perform assessments, lack of documentation, or delayed response. For example, Kelly’s assumption that the patient was stable without thorough documentation or timely reporting could be evaluated against the standards set forth by the NPA and institutional policies.

Application of Standards in Court

If the case proceeds to a lawsuit, courts will consider expert testimony to determine whether the healthcare professionals adhered to the standard of care. Expert witnesses will assess whether actions taken or omitted by the nurses and physicians deviated from accepted practices, resulting in harm.

The court will also evaluate whether violations of the Nurse Practice Act contributed to the patient's death. For instance, if it is found that the nurses failed to perform neurologic or respiratory assessments or did not escalate concerns in a timely manner, they could be held liable for malpractice.

Furthermore, the court will consider how institutional factors, such as staffing patterns, training, and policies, may have influenced the standard of care. If staffing shortages or inadequate training contributed to lapses, the hospital could bear some liability.

Legal Malpractice and Professional Responsibility

Legal malpractice in this context could involve allegations against attorneys if they failed to adequately prepare or investigate the case, or if they overlooked crucial evidence that could establish negligence. In this scenario, the focus remains on whether the healthcare providers breached their duty of care under applicable legal standards and whether such breaches caused the patient's death.

In summary, the case emphasizes the importance of strict adherence to nursing standards, effective communication among healthcare team members, thorough documentation, and understanding the legal responsibilities under the Nurse Practice Act. Courts will evaluate whether these standards were met and how deviations contributed to Mrs. Carpenter's tragic outcome.

References

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