Question

In: Nursing

Using the following scenarios, determine whether disciplinary action should or should not be taken and if...

Using the following scenarios, determine whether disciplinary action should or should not be taken and if so what sanctions would be implemented (NOTE: you may not have studied the appropriate law yet, in all situations, but your ethical instincts may still lead you to the correct response):

A nurse is writing a prescription for a patient and signing the physician’s name.

An employee meets a patient in the supermarket and discusses the patient’s office visit earlier that day.

An employee is in the break room and is relating a joke that is of a sexual nature and a coworker overhearing the joke is embarrassed and offended.

A billing department employee discusses with a patient over the phone the possible payment plan options for the bill.

An employee has called in sick unexpectedly one time more than is allowed and coverage is short for that shift in the hospital.

A physician has already treated a patient when she realizes that the insurance policy will not be in effect for another week; she tells the front desk staff to change the date of treatment so that it will fall within the dates of coverage.

An employer asks an interview candidate whether or not she is planning on having more children in the near future and whether she has daycare established for her employment.

An employee has been given 30 days to improve work production along with additional training to aid him in his position, but after the 30-day period he is still not performing at the level of his fellow workers.

Sally is wearing casual dress clothing. The supervisor does not say anything to her, even though Sally is not in compliance with the dress code and other employees are held accountable to the dress code standard and are disgruntled over the situation.

A physician is sending all his patients to the radiological imaging center down the street; he has a partial ownership interest in the facility.


Discussion

What is the difference between the types of feasance?

Give examples for each type of feasance as it may pertain to the medical field.


What If?

A patient is seen by a gastroenterologist and it is recommended that the patient undergo a colonoscopy procedure for diagnostic purposes. The physician reviews the risks of having the procedure done as well as the consequences of not having the procedure performed. The patient signs an informed consent form, and the medical assistant/ nurse reviews the preparation instructions the patient should follow before the procedure as well as other details. In the instructions, it is clearly noted that the patient should stop taking any medications, such as aspirin, that can cause bleeding problems at least 7 days before the surgery. However, the patient continues to take a single 81-mg dose of aspirin each evening, dismissing the possible complication that this could have during the procedure. On the day of the procedure, the physician records that the patient has confirmed following all the preoperative instructions. Afterward, the patient has a bleeding complication in response to the procedure, is hospitalized for this complication, and sues the physician.

What example of defense is this case?

Who is responsible in this case?

Was the provider/physician negligent?

Solutions

Expert Solution

A nurse is writing a prescription for a patient and signing the physician’s name.

Disciplinary move should be made contemplated thought of all issues encompassing a contention.

An employee meets a patient in the supermarket and discusses the patient’s office visit earlier that day.

Disciplinary move should be made as Morality is general and essential to human connections.

An employee is in the break room and is relating a joke that is of a sexual nature and a coworker overhearing the joke is embarrassed and offended.

Disciplinary move should be made as Maintaining high moral principles is best connected with information of law and controls.

A billing department employee discusses with a patient over the phone the possible payment plan options for the bill.

Disciplinary move must be completed as Enforceable segments of the Professional Conduct are the Strategies besides Instructions.

An employee has called in sick unexpectedly one time more than is allowed and coverage is short for that shift in the hospital.

Disciplinary move should be made as an influential discourse about the rightness or misleading quality of a thought, activity, or issue.

A physician has already treated a patient when she realizes that the insurance policy will not be in effect for another week; she tells the front desk staff to change the date of treatment so that it will fall within the dates of coverage.

Disciplinary move should be made as when a speaker takes a situation on whether an activity ought to or ought not be taken.

An employer asks an interview candidate whether or not she is planning on having more children in the near future and whether she has daycare established for her employment.

Disciplinary action should be taken as often takes place in legislative settings and focuses on discussing policies and actions to be taken. focuses on one category of persuasive speech.

An employee has been given 30 days to improve work production along with additional training to aid him in his position, but after the 30-day period he is still not performing at the level of his fellow workers.

Disciplinary move should be made as frequently happens in administrative settings and spotlights on talking about approaches and moves to be made. centers around one class of enticing discourse.

Sally is wearing casual dress clothing. The supervisor does not say anything to her, even though Sally is not in compliance with the dress code and other employees are held accountable to the dress code standard and are disgruntled over the situation.

Disciplinary move should be made as a contention in which speakers banter about certainties of a case and endeavor to answer the inquiries of equity. locate the best method to oversee assets and civil argument move to be made.

A physician is sending all his patients to the radiological imaging center down the street; he has a partial ownership interest in the facility.

Disciplinary move should be made as a discourse that includes beating the resistances contention by presenting proof that lessens the interest of the restrictions assert.

What is the difference between the types of feasance? Give examples for each type of feasance as it may pertain to the medical field.

The control of law set down is that an activity in contract will lie for any of the three. Be that as it may, an activity just in misfeasance or impropriety. The tenet was once in the past connected to specific purposes for living carried on openly.

Presently, the terms misfeasance and nonfeasance are frequently utilized with reference to the lead of civil experts with reference to the release of their statutory commitments; and it is a set up decide that an activity lies for people harmed by misfeasance, by carelessness in release of the obligation yet that on account of nonfeasance the cure isn't by activity however by arraignment or mandamus or by the specific strategy endorsed by the statutes.

This run is completely settled on account of inability to repair open roadways, yet in different cases, the courts are clever to discover proof of thoughtlessness.

Misfeasance is likewise utilized with reference to the lead of executives and officers of business entities. The word is utilized as comparable to negligence by a restorative specialist.

What example of defense is this case?

A patient moving toward a specialist expects restorative treatment with all the information and expertise that the specialist has to convey alleviation to his therapeutic issue. The relationship takes the state of an agreement holding the fundamental components of tort. A specialist owes certain obligations to his patient and a rupture of any of these obligations gives a reason for activity for carelessness against the specialist. The specialist get earlier educated assent from the patient before doing demonstrative tests and restorative administration. The administrations of the specialists are secured under the arrangements and a patient can look for redressal of grievances from the Consumer Courts. Case laws are an imperative wellspring of law in arbitrating different issues of carelessness emerging out of medicinal treatment.

Who is responsible in this case?

The restorative calling is viewed as a respectable calling since it helps in saving life. We trust life is God given. A patient approaches a specialist/doctor's facility in light of his/its notoriety. Desires for a patient are two-crease: specialists and clinics are relied upon to give medicinal treatment all the learning and ability at their order and besides they won't successfully hurt the patient in any way either their carelessness, imprudence, or rash demeanor of their staff. A specialist a situation to spare his patient's life consistently, he is required to utilize his uncommon information and ability in the most fitting way remembering the enthusiasm of the patient who has depended his life to him. In this way, it is normal that a specialist complete vital examination or looks for a report from the patient.

Was the provider/physician negligent?

Moreover, unless it is a crisis, he gets educated assent of the patient before continuing with any significant treatment, careful activity, or even obtrusive examination. Disappointment of a specialist and healing center to release this commitment is basically a tortious obligation. A tort is a common wrong as against an authoritative commitment, a break that draws in legal intercession by method for granting harms. In this way, a patient's entitlement to get restorative consideration from specialists and doctor's facilities is basically a common right. The relationship takes the state of an agreement to some degree due to educated assent, installment of expense, and execution of medical procedure/giving treatment, and so forth while holding fundamental components of tort.


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