Law

Application of Law and Ethics Modules

Introduction

This assignment discusses the Albert Eric Biffin and related to its unexpected death due to having a low care residential facility. In addition to this, this case also defines the causes of their death. Likewise, it is estimated that the reason of death is the lacking or nursing care which is provided to Albert Eric. But at the same time, Dr. Terry concluded that the real reason could be complications of incarcerated umbilical hernia (Peter Hardwick, 2017).

Besides that Dr also considered the death cause could be cardiac arrhythmia etc. thus, different causes are identified about death of the Albert Eric. Furthermore this study will discuss the patient safety and nursing care of old aged patients in the hospital. At the same time, the Australia tort law of negligence will also be cover in this study. At last, the ethical issues will discuss the nursing care.

Case:- Finding of the inquest into the death of Albert Eric Bruce Biffin

This case gives the brief understanding about the Albert Biffin death which was happened on 27 February 2013 at the age of 86. There are various assumptions identified with his death. Likewise, in the coronial investigation, it is determined that reason behind his death which is to consider lack of health related care. Because of the Albert deceased death, the number of questions is raised on the nursing facilities of the nursing home. After happening of such case, the number of recommendations will be provided by the coroner over the death of Albert Eric Bruce Biffin.

The coroner recommended related to requirements for personal cares and defined that every nursing home should document the patients’ information from their enrollment to discharge of patients (Minterellison, 2017). Besides that, the nursing home also required for mentioning about the health care facilities that the centers provide to their patients.

Thus these practices could contribute to encouraging the nursing homes to treat their patients’ equally and properly without making patients exploit. Therefore, the proper medications and health care facilities are considered as an important factor for making the patient or aged people satisfied and happy. So, this case gives the well-suited example of the failures in nursing care which result in the death of Albert Eric Bruce Biffin.

Assignment section one: Patient Safety/ Nursing Care

This part covers the best practices of nursing care in regards to successfully providing the care to the old aged person and patients in the nursing setting. The nursing practices should include registered nurses and enrolled nurses. Besides that, the nursing homes should also need to adhere to the rules and guidelines of the Australia nursing care. In this nursing care facility, the patient safety norms and proper communication practices need to include.

The care centers should need to perform the certain test before hire or select any nurse or staff for providing nursing. In their test, they find about the knowledge of nurses towards the providing caring to the patients. At the same time, the centers should also evaluate the communication process of the nurses or care takers in the time when they interact with the patients.

Likewise, it is required to observe that how much care taker listens to the problems of the patients and on that problem what actions will be taken by them. Thus, monitoring these practices is essential for the nursing home to implement the nursing care practices successfully (Cameron et al., 2010).

In addition to this, monitoring, reporting, accounting & delegation and responsibility all the elements play a significant role in the nursing car because it is necessary to monitor that whether the patients are receiving the proper care or not. For that, care centers should appoint a person who looks all the actions of the care takers and documents the report related to the services of each nurse. Thus, this helps the care centers to access all the activities of the nurses (You et al., 2013).

Moreover, to systematic perform the nursing care then, there is need to delegate the authority with responsibility for the staff by making them clear about their roles. As this assist the care centers to systematically perform the functions and actions of each without creating any confusion and misunderstanding. At the same time, they also need to define that nurses and care takers are accountable to which person at the top management level.

Therefore, these practices will prove to be beneficial for the centers, hospitals to properly execute the nursing care services (Kalisch et al., 2012).

In context to the study of Albert Eric, there are following initiatives that clinical nurses and staff should adhere for ignoring more cases in future. In such case, it is required to diagnose and treat accurate problems related to the health of the patient so that, they get the correct treatment at the right time (Protection & Act, 2010).

On the other side, as per the Australia laws, the nursing care practices for the old people and patients need to include providing the proper medical facilities and required to make referrals to other health professionals to provide the relevant caring to the patients.

The Australia to bring more professionalism to the nursing care, for that government of Australia has taken various initiatives like in 2005; healthcare management advisors was established to evaluate the nursing practices of the hospitals/ health care centers. From this initiative of government, the nursing services are improved as reduced the patient large waiting time.

It also increases the awareness opportunity of practices nurses, and that encouraged the idea to receive the specific practice through nurse education (Suhonen et al., 2012). The proper practises’ facilities also reduce the workforces’ pressure and give more opportunities to generate quality services in nursing care. This practice indicates the initiatives of nursing practices by Australia government which prove to be useful for the patients in terms to avail the right services.

So, these ways need to use by all the hospitals before providing responsibility to the nurses/ staff. Likewise, the cases happen with Albert Eric where proper nursing care is not received as the hospital did not have diagnosis right problems, and if they used the Australia law of nursing care, then they could effectively treat the patient.

But due to failing in diagnosing the correct problem of the Albert Eric, it makes his deceased death at the age of 86. Therefore, this scenario reflects that it is the biggest requirements for every institution whether it is big or small should follow the rules and regulation of the government (Miller et al., 2010). Especially in the field of health care where there is the question of people life.

Assignment Section Two: The Tort of Negligence

As per the tort of negligence’s, the breaching goes duty or failing in fulfilling the promise of other part is considered as a tort of negligence. It is the legal wrong practices that are occurred by someone mistake or the person who fails to take proper care or not succeed to fulfill their duty. Such practices will be considered as legally wrong or as a tort of negligence (Razman et al., 2013).

Similarly, the case of Albert Eric, the situation of negligence is rightly applied as coroner determined that there is high negligence occurred by the side of hospital staff and clinical nurses in terms to operate the Albert Eric. Likewise, the hospital staffs were failed to diagnosis the real problem of the disease which results in his deceased death.

It is also determined that the staffs have given the high dose of medications just days before of Albert Eric death. This indicates that there is highly negligence that occurs in the part of the staff as they give the wrong medication to the Albert Eric that reflects their ineffective nursing care facilities (Swisher, 2011).

Moreover, due to having the deceased death which is unexpected, that’s why it creates so many questions on the negligence of not properly providing aids and facilities at the nursing home. At the same time, the hospital or care facility also didn’t have an extensive medical history that’s why it increased more vulnerability and no consideration of note the medical history of the patient also gives the sign of the tort of negligence (Kritchevsky, 2010).

In addition to this, the tort of negligence is applied to the clinical staff/ nurses as nurses did not respond quickly towards the Albert Eric problems like Albert Eric had various symptoms of constipation, nausea, and vomiting which were occurring from last days prior to his death. Afterward, also clinical nurses and staff didn’t get the response on his vulnerable symptoms and highlight the tort of negligence which results in the early death of the Albert Eric.

The court also estimated that the deceased person just vomited and the staff contacted to the registered nurse of the Albert Eric. But due to she arrived late, the deceased got collapsed, and this situation is also handled by the staff. Thus, this is also another instance that gives the symptom of negligence which is done by the hospital with the Albert Eric (Steinbock et al., 2013).

In addition to this, the lacking in planning and didn’t following of Australia regulation of nursing care also be the cause of deceased death. It is because the medical team did not consider the various guidelines of the Australia government like they registered the nurses without providing them the nursing practices and training programs.

Therefore, this leads to mismanagement and delay in communication network among the staff that results in the delay in delivering the services to the patients promptly. However, such circumstance reflects the case of the tort of negligence in the case called “findings inquest into the death of Albert Eric Bruce Biffin” (Cherry & Jacob, 2016).

Assignment Section Three: Ethical Issues

Some ethical issues are considering the case of Albert Eric Bruce Biffin. The nursing care faced biggest ethical issues is the lack of quality involvement in the caring. Similarly, in the case of Albert Eric, the main ethical issue which was found is the inefficiency in the services which are provided to the Mr. Biffin (Ulrich et al., 2010). The deceased death of the Albert considers ethical issues as per the moral principle of nursing care.

It is because; under the nursing care it is the moral duty of the management or clinical nurses/ staff to take care their patients. On the other side, the moral principle of the residential care is to follow the Australian 2005 health management advisory legal guidelines as in this principle; it is suggested that the care centers should include the nursing training practices in their residences for their services.

But the residential care didn’t adhere to this principle in their nursing care (SOCIAL & Committee on bioethics, 2013). This indicates the residential care biggest violation in terms to not following the ethical principle of nursing care. According to the tort of negligence, it is legally wrong that someone is suffered because of other person negligence actions or due to the person fails to provide the proper care to the individuals.

Likewise, due to the residential care did not focus on the nursing care of the Albert Eric berry that’s why this negligence leads to early death. So such practices of residential care consider as ethical wrong as per the negligence principle (Smith et al., 2012). Thus, these practices of the residential care indicate the unethical practices in terms to failure in delivering the quality services.

In addition to this, the residential care was also not following the professionalism and code of conduct in the nursing care. Likewise, they did not document the medical condition of the Albert Eric Berry and at the same time, they also not familiar with the medical history of Mr. Berry. So these all factors show the negligence level of the care center in terms to deal the patients. So such case shows that residential care unsuccessful practice in regards for adopting the ethical consideration in their services and this becomes the main cause of their failed in providing the effective nursing care (Pozgar, 2014).

Conclusion

From the above discussion, it can be concluded that due to having the tort of negligence from the side of residential care, the patient called Albert Eric Berry had faced deceased death at the age of 86. This indicates that the nursing care plays a significant role in terms to make the patient healthy and well. Thus, following the nursing practices is essential to avoid the cases related to the Albert deceased death.

References

Cameron, I. D., Murray, G. R., Gillespie, L. D., Robertson, M. C., Hill, K. D., Cumming, R. G., & Kerse, N. (2010). Interventions for preventing falls in older people in nursing care facilities and hospitals. Cochrane Database Syst Rev1(1).

Cherry, B., & Jacob, S. R. (2016). Contemporary nursing: Issues, trends, & management. Elsevier Health Sciences.

Kalisch, B. J., Tschannen, D., & Lee, K. H. (2012). Missed nursing care, staffing, and patient falls. Journal of nursing care quality27(1), 6-12.

Kritchevsky, B. (2010). Tort Law Is State Law: Why Courts Should Distinguish State and Federal Law in Negligence-Per-Se Litigation. Am. UL Rev.60, 71.

Miller, E. L., Murray, L., Richards, L., Zorowitz, R. D., Bakas, T., Clark, P., & Billinger, S. A. (2010). Comprehensive overview of nursing and interdisciplinary rehabilitation care of the stroke patient. Stroke41(10), 2402-2448.

Minterellison (2017). Inquest into the death of Albert Eric Bruce Biffin. (Retrieved from) https://www.minterellison.com/articles/inquest-into-the-death-of-albert-eric-bruce-biffin.

Peter Hardwick (2017). Man’s death in aged care investigated by coroner. (Retrieved from) https://www.thechronicle.com.au/news/why-did-toowoomba-man-die-coronial-inquest-starts/3088566/.

Pozgar, G. D. (2014). Legal and ethical issues for health professionals. Jones & Bartlett Publishers.

Protection, P., & Act, A. C. (2010). Patient protection and affordable care act. Public law111(148), 1.

Razman, M. R., Ramli, N. A., Azlan, A., & Ngah, M. S. Y. C. (2013). Packaged food safety in urban area: An observation from the Malaysian law of tort on negligence. Journal of Food, Agriculture & Environment11(1), 132-135.

Smith, K. V., Witt, J., Klaassen, J., Zimmerman, C., & Cheng, A. L. (2012). High-fidelity simulation and legal/ethical concepts: A transformational learning experience. Nursing Ethics19(3), 390-398.

SOCIAL, G., & Committee on Bioethics. (2013). Ethical and policy issues in genetic testing and screening of children. Pediatrics, peds-2012.

Steinbock, B., London, A. J., & Arras, J. (Eds.). (2013). Ethical issues in modern medicine: Contemporary readings in bioethics. McGraw-Hill.

Suhonen, R., Papastavrou, E., Efstathiou, G., Tsangari, H., Jarosova, D., Leino‐Kilpi, H., … & Merkouris, A. (2012). Patient satisfaction as an outcome of individualised nursing care. Scandinavian Journal of Caring Sciences26(2), 372-380.

Swisher, P. N. (2011). Virginia Should Abolish the Archaic Tort Defense of Contributory Negligence and Adopt a Comparative Negligence Defense in Its Place. U. Rich. L. Rev.46, 359.

Ulrich, C. M., Taylor, C., Soeken, K., O’Donnell, P., Farrar, A., Danis, M., & Grady, C. (2010). Everyday ethics: ethical issues and stress in nursing practice. Journal of advanced nursing66(11), 2510-2519.

You, L. M., Aiken, L. H., Sloane, D. M., Liu, K., He, G. P., Hu, Y., … & Shang, S. M. (2013). Hospital nursing, care quality, and patient satisfaction: cross-sectional surveys of nurses and patients in hospitals in China and Europe. International journal of nursing studies50(2), 154-161.

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