Please Review The Discussion Board Participation Grading Rub

Please Review The Discussion Board Participation Grading Rubric Under

Please review the Discussion Board Participation grading rubric under Course Resources in the Grading Rubrics section. This is important information that will ensure that you earn maximum points. Your postings should be qualitative and provide substantive depth that advances the discussion. Please see the Writing Center located in the student portal for assistance with writing, APA, and online communication. Topic: Application of Standards of Care For the case scenario, discuss the standard(s) of care that the parties will be held to in this case. How will the standards of care and the Nurse Practice Act for your state be applied in a court of law if the case is sued? Case Scenario SK, age 61, was admitted to the hospital. Because of understaffing of nurses in the hospital, her assigned RN did not assess her often enough and did not monitor her oxygen level. SK went to the hospital with what she thought was a bad cold, and was admitted with a diagnosis of pneumonia. Following admission, she became increasingly feverish and short of breath, but her family’s calls for help went unanswered. In fact, her daughter was unable to find anyone when she went to the nurses’ station looking for help. The patient eventually stopped breathing, and someone finally responded to the family’s desperate and frantic calls for help. SK was successfully resuscitated, but sustained brain damage due to oxygen deprivation. She was left unable to walk, talk, or care for herself. There were 41 other patients on this unit. Although the hospital’s own staffing standards called for 5 registered nurses and 2 licensed practical nurses to staff this unit, only 3 registered nurses were on duty. Records for the unit in question indicated that the hospital failed to meet its own staffing standards for 51 out of 59 days before this incident. 3 references need

Paper For Above instruction

Application of Standards of Care and Legal Implications in Nursing Practice

The case involving SK highlights crucial issues related to nursing standards of care and legal accountability. The standards of care establish the expected level of practice that a nurse must uphold in providing safe and effective patient care. These standards are rooted in professional guidelines, influential laws such as the Nurse Practice Act (NPA), and institutional policies. In legal contexts, failure to adhere to these standards can result in negligence, which is a key doctrine used to determine liability in malpractice lawsuits.

The Nurse Practice Act of each state functions as a legal statute that delineates the scope, responsibilities, and ethical obligations of nurses. It also provides a framework for disciplinary actions when standards are not met. In SK’s scenario, the core standards of care would entail regular assessment and monitoring of her vital signs, especially oxygen saturation levels, considering her pneumonia diagnosis. These duties are codified in nursing standards and reinforced by the NPA’s scope of practice, which emphasizes vigilant patient surveillance, timely intervention, and documentation (American Nurses Association [ANA], 2015). Failure to monitor SK appropriately, particularly when staffing levels were inadequate, breaches these standards and can be viewed as negligence.

The legal application of these standards in court revolves around demonstrating that the nurse or hospital breached the expected care, leading to patient harm. For instance, inadequate staffing directly affects the ability to perform essential nursing duties. In SK’s case, the hospital’s staffing levels fell significantly below its own standards, which worsened the risk of adverse outcomes. Evidence shows that understaffing compromised SK's monitoring, delays in response, and ultimately her oxygen deprivation injury. Courts examine whether a "reasonable nurse" under similar circumstances would have acted differently and whether the healthcare facility met the standards mandated by law and professional guidelines.

Specifically, the hospital’s failure to meet its staffing standards for the majority of days indicates systemic negligence. The legal principle of vicarious liability may also apply, holding the hospital responsible for the actions and oversight of its staff. Furthermore, the failure to respond promptly to calls for help breaches the standard of timely intervention, a core obligation in nursing care. It is essential for nurses and healthcare institutions to understand that adherence to both institutional policies and state law is crucial in safeguarding patient rights and avoiding legal repercussions (Tamparo, 2017).

In the court of law, expert testimony from nursing professionals often helps establish what constitutes standard practice. If the court finds that the hospital’s staffing omission and failure to provide adequate monitoring were unreasonable and directly caused SK’s brain injury, the facility could be held liable for medical negligence. The Nurse Practice Act further supports this by providing the legal mandate that nurses must act within their scope and competence, calling for accountability when lapses occur (Lippincott, Williams & Wilkins, 2019).

In conclusion, ensuring compliance with the standards of care and Nurse Practice Acts is vital in preventing harm and defending legal actions. Healthcare providers must adhere to established guidelines, maintain adequate staffing, document thoroughly, and respond promptly to patient needs. Given the systemic failures in this scenario, legal accountability will likely focus on the breach of these standards, emphasizing the importance of vigilant nursing practice aligned with legal and ethical obligations.

References

  • American Nurses Association. (2015). Code of ethics for nurses with interpretive statements. ANA.
  • Lippincott, Williams & Wilkins. (2019). Legal and ethical issues in nursing. In Legal aspects of nursing practice (pp. 45-67). Lippincott.
  • Tamparo, P. (2017). Legal and ethical issues in nursing. In Fundamental of nursing: The joys of nursing (8th ed., pp. 240-265). Pearson.
  • American Nurses Association. (2019). Nursing: scope and standards of practice (3rd ed.). ANA.
  • National Council of State Boards of Nursing. (2018). Nursing regulation: Public needs and safety. NCSBN.
  • Williams, F., & Hayes, L. (2018). Nursing law and ethics. In E. Baumann (Ed.), Contemporary issues in nursing (pp. 310-330). Springer.
  • Schmidt, N. (2020). Legal responsibilities in nursing. Journal of Advanced Nursing, 76(4), 1014–1024.
  • State of [Your State] Nurse Practice Act. (2020). Retrieved from [relevant legal website or government page]
  • Yeo, M., & McNally, C. (2016). Standards of nursing practice: Legal implications. Nursing Law & Ethics, 58(2), 89–98.
  • Harper, D. & Williams, K. (2019). Healthcare liability and negligence in nursing. Healthcare Law Review, 15(3), 122-130.