Question

At change of shift, a nurse who is working days in a nursing home is told by the night nurse, "Mr. Jones is always tied in a vest restraint at night, just to make sure he doesn’t get out of bed and fall, but he’s really upset. He just doesn’t understand it’s for his own good." The nurse quickly reviews Mr. Jones’s record. He is noted to be a competent, compliant adult, without a psychiatric history or evidence of mental disorientation. He takes no medications that would alter his mentation. When the nurse enters the room, Mr. Jones is weeping. He states, "I feel like a criminal being tied up. I’ve urinated in my bed because no one answered my call light. I’m so humiliated."
A. What is the relation between Mr. Jones’ right to self-determination in this case and the need to protect patients from harm?
B. How does the law guide the nurse in this situation?
C. Are there criminal liability issues related to restraining this patient?
D. What criminal charges could be leveled against the nurse for applying the restraint?
E. Could the nurse be sued for restraining Mr. Jones in this case?

Answer 1

A) Self determination is an important right governed by the state /national laws. It is the right to be informed about their own medical treatment and also their rights.Here Mr Jones was normal with no aggressive issues but still was being tied up when he is in sound mind. He was also denied to be understood why he was treated like this.In his case he was normal so there was less risk of harm which required protection.

B)This is breach of the right of the patient. The nurse plays a vital role in advocating for the patient. She has caused harm to the patient by restraining him without assessing the patient She might face legal issues due to this.

C)Restraining the patient is for patient's who are extremely agitated or confused .But eventhough it is very important to have a doctors advice, and the written permission for restraining the patient. The nurse could face charges for neglecting both.

D)Some events that could happen

Cancellation of the license

Prosecution

Arrest for harming a healthy person

Can also get imprisonment.

E) Yes, as she did not have any written order for restraining, and moreover he was a stable patient without any issues .