Lesson1LegalEthicalDiscussionOttaway
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Palm Beach State College *
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NUR2712C
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Philosophy
Date
Dec 6, 2023
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Jessica Ottaway
Legan & Ethical Discussion
Dr. Scialdo
Health Policy/Ethics: Legal and Ethical
While you are at your son's baseball game, one of the other players slides into second base and
then lies there without moving. Another player yells for help. The other parents know you are a
nurse and ask you to check on the player while they call 911. When you approach the child, you
note that his leg is fractured and lying in an awkward position. You feel that if you reposition the
leg, you might cause more harm and pain to the child. You assess the leg and note it is warm
with a palpable pedal pulse. You provide care to ensure he does not go into shock until the
ambulance arrives. The child's parents are called and will meet the ambulance at the
emergency department. Three months after the incident, you receive word that you are being
sued for malpractice because you did not provide interventions to ensure the safety of the leg.
The child is undergoing extensive physical therapy related to neuromuscular damage to his leg.
1.
Does this scenario meet the basic elements of malpractice? Explain.
- No, I don’t believe this meets the standards for malpractice. Besides falling under the
Good Samaritan Law, there is no establishment of professional duty in this incident,
which is the first requirement in a medical lawsuit. I was at the baseball game as a
mother, not a nurse – or even a volunteer nurse. The fact that those around me knew
my profession and asked me to check on the injured child is irrelevant.
2. If you were working or volunteering at a first aid station and this scenario occurred,
would the basic elements of malpractice apply? Why or why not?
- If I had been volunteering at the medical tent as an “RN,” then they may be able to
prove professional duty. Once professional duty was established, they would need to
prove that I acted in a way that fell below the standard of care for my role. As a volunteer
without the policies and procedures of a medical establishment behind me, that would
most likely fall back to the State Nurse Practice Acts.
3. If you were the first aid nurse in this scenario, what specific actions would you take
immediately following the accident? How could this protect you from a possible lawsuit?
- If I’d been the volunteer nurse in a more professional capacity at this event after the child
was taken by emergency personnel to the hospital, I would have made sure to fill out or
write up a very detailed incident report of the accident and submitted it to the coach
and/or league as well as kept one on hand for my reference. I would have also offered to
visit the hospital and give a report to the medical team there if his parent(s) would have
liked to ensure continuity of care.
Jessica Ottaway
Legan & Ethical Discussion
Dr. Scialdo
References:
Zerwekh, J. G., & Garneau, A. Z. (2021).
Nursing today: Transitions and trends
. Elsevier.
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