Healthcare week 5

Respond to 2 classmates response

450 words or more

Biblical worldview

APA format

Response 1

After viewing the interviews, research, and biblical worlview, I would note my recommendation as liable because specifically of the duty to care. As an employee of a health facility, more specifically a licensed agent, you have the duty which is the obligation to act in a specific way. It is a part of the contract you have with your employer and God. I feel this is important area to elaborate upon because often time embark into the healthcare for monetary reasons yet, having no passion for the people whom they are to serve. When you are passionate about your duties, you honor them from the inside out. A defense for Breach of duty can be justified legally when the patient has contributory negligence as an opposing factor. In this scene, injury occurred which is not a very difficult element to prove. When a licensed professional who is trained and experienced in a particular healthcare area causes an injury, a defense to causation may be difficult because of the experience and skilled level of the healthcare professional. It is difficult to show that foreseeability was not in cognitive ability of someone who has seen such injuries rather in training or in experience with the profession.

Response 2

In order to prove negligence there must be four factors present. These factors consist of duty to care, breach of duty, injury, and causation. According to Pozgar, a commitment to follow to a known standard of care is referred to as duty to care (2016). In Mrs. Smith’s situation, the four factors were present which proves negligence. Since Mrs. Smith was the patient who was receiving surgical care at the hospital there was a duty to care which was breached. As a patient who is under care for surgical and post- surgical, it is understood that the patient should be properly cared for. Due to this duty being breached it is the responsibility of the hospital. Since it was expected that the hospital provides the best care and prevent any injury or illnesses to the patient. All healthcare professionals have a code of ethics which says that they have a duty to care (Pfrimmer, 2009). The code of ethics discusses the duty to care as a characteristic of a healthcare professional. This duty to care holds all doctors, nurses, and other healthcare professionals to be responsible. This entails providing the superior quality patient care, which includes safety and protecting patients’ rights and integrity. This breach of duty is definitive of a “failure to conform to or the departure from a required duty of care owed to a person” (Pozgar, 2016). Mrs. Smith obtained a staph infection due Dr. Paltrow’s actions. This action pertained to him failing to wash his hands or change his gloves before he cared for Mrs. Smith. Dr. Paltrow cared for other patients and negligent because he did not wash his hands or change gloves between seeing patients. Such negligent acts resulted in Mrs. Smith hospital stay getting prolonged. She ending up spending 30 days in the hospital instead of five days.  The duty of care is a legal responsibility for all persons and organizations to guarantee they do not cause injury to another person (Council, 2013). Injury can be caused by their actions or inactions (Council, 2013). The pulmonologist stated that the nurses could have reacted quicker.

 “Physical harm, pain, suffering, and loss of income or reputation” in the definition of injury (Pozgar, 2016).  The pulmonologist and infectious disease control specialist clarified that Mrs. Smith had a staph infection. Mr. Smith has suffered from the experience. Especially since it was Mr. Smith who said something which lead to his wife being seen by both specialists. I believe Mr. Smith did a great job of being persistent and engaging in his wife’s care.

            According to Pozgar, causation is when the “departure from the standard of care must be the cause of the plaintiff’s injury, and the injury must be foreseeable” (2016). In this case causation is proven by the Smith’s and the Jennifer the nurse who was working that day.

Since Jennifer actually saw Dr. Paltrow omit to wash his hands and change his gloves between patients. Jennifer could have helped avoid this situation by pulling Dr. Paltrow aside and trying to intervene. Foreseeability is present in this case. Foreseeability refers to expectation that injury would be the product of omitting an action (Pozgar, 2016). Dr. Paltrow’s negligent act of changing gloves and washing his hands between patients was a causative factor which resulted in Mrs. Smith condition. The first patient Dr. Paltrow saw was an amputee who had a staph infection. Dr. Paltrow passed this staph infection along due to his negligence. Not only did he jeopardize his health but he also jeopardized the health of the other patients in his care.

            My recommendation to the Chief Counsel would be that Bright Road Health System is liable. The result of Mrs. Smith’s condition is due to negligent acts. Respondeat superior could be applied to Mrs. Smith’s case. Respondeat Superior consist of indirect liability on an employer for negligent acts committed by employees who are carrying out work assigned by the employer (Mossman, 2013). It can also be that the employee is “engaging in the course of conduct subject to the employer’s control” (Mossman, 2013, p. 36).  There was a lack of training and signs around the unit showing correct hand hygiene. There were not enough sinks for hand washing. Sinks were too far and there were not enough gloves. With this said all the correct policies and procedures were in place. Nonetheless, they were not followed and utilized. If the policies and procedures were corrected executed Mrs. Smith injury could have been prevented. An indemnification consists of when another party has to reimburse a party for damages or loss (Voinarevich, 2014). According to Pozgar, in an indemnification compensation can be obtained by the employer for financial loss due to negligent acts (2016). I do not believe that an indemnification would be filed in this case. I believe that all staff members who were involved in the negligence should receive some type of disciplinary action according to the hospitals policy. I believe that if the hospital would have had more washing stations and signs from the start than maybe this could have been avoided.  Overall, Bright Road Health is liable for negligence and medical malpractice due to not taking the proper precautions to avoid injury.

    Consequently of Mrs. Smith’s case improvements have been made. Bright Road Health has supplied each room with gloves. It was also signs put up that states the proper way to wash hands. The hospital should continue with its improvements and provide more staff education and training to ensure that policies and procedures are being followed. A good idea would be to provide more sinks for handwashing and/or install automatic hand sanitizer stations. These should be strategically placed in proximity to patients’ rooms. Proper isolation and standard precautions should be followed. It is a great idea to have infectious disease specialist on call in case of any emergencies. “And whoever speaks a word against the Son of Man will be forgiven, but whoever speaks against the Holy Spirit will not be forgiven, either in this age or in the age to come” (Matthew 12:32, ESV). We are all human. Humans make mistakes. God is aware of this. Continued faith and worshiping God is key. God provides the ultimate judgement. According to Matthew Henry, sacrilegious “words against the Holy Ghost are the worst kind of tongue-sins, and unpardonable that the greatness of sin shall be no bar to our acceptance with God, if we truly repent and believe the gospel: All manner of sin and blasphemy shall be forgiven unto men” (Henry, 1989). Matthew Henry suggests that forgiveness be asked for after sins (1989). That individuals should obtain mercy (Henry, 1989). God forgives as he knows that humans make mistakes. Train up a child in the way he should go: and when he is old, he will not depart from it (Proverbs, ESV). According to Matthew Henry, this pertains to parenting and setting a good example (Henry, 1989). Providing proper guidance to refrain from sin. Preparation for what is to come by fulfilling your duty as providing the proper instruction (Henry, 1989).  This can be related to duty to care as proper guidelines and protocols should be in place to help promote the best care possible.