Patients Lawsuits and Their Families Against Hospitals

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Table of Contents

Abstract
Introduction
Ethical Decisions
Legal Decisions
Advice as Nurse
Conclusion
References

Abstract

Lawsuits are increasingly being filed by patients and their families against hospitals and healthcare practitioners for negligence and other malpractices committed by medical professionals. Errors on the part of these professionals are at times precipitated by patients who decline treatment and make illogical and unreasonable demands (Glasser, 2010). This places doctors and nurses in situations that require them to make difficult decisions whose results could be detrimental to all parties involved. This paper offers advice to the family of the patient in the case.

Introduction

Practitioners in the medical and health care fields face ethical and legal dilemmas that require them to make difficult decisions, whose consequences are far-reaching (Sneddon, 2013). There are instances when these decisions go against the wishes of the patients. This paper provides support for the demand for health practitioners to exercise due care and judgment in making decisions regarding patient health. The paper achieves this by examining the case of Ann’s family and her wishes regarding her health. The paper outlines the ethical and legal decisions to be made concerning Ann’s case. The essay then offers advice to Ann’s husband, Frank, and child, Sarah, from the perspective of a professional nurse.

Ethical Decisions

Ann had desired not to be placed under treatment that would require the use of a breathing machine. Ann finds herself in a situation that makes it difficult to respect her wishes. Although the treatment she is receiving only applies antibiotics intravenously and is not exactly what she had wished against, there arises the question of whether she would approve of intravenous use of antibiotics. The love for Ann and commitment to her health and wellbeing by Sarah and Frank also raises ethical questions. Love for another requires honoring their wishes and doing what one believes is in their best interest. This presents an ethical dilemma as either decision would have unwanted outcomes. There is, therefore, a need to respect the patient’s independence and wishes while guaranteeing their wellbeing.

Legal Decisions

Honoring the wishes Ann would have legal implications. Instructing that the intravenous application of the antibiotics be withdrawn could imply her preventable death. The withdrawal of her system on the basis of honoring her wishes constitutes murder. Such withdrawal is permitted only when the patient is in a comatose state, or when the action is in the patient’s best interest (Sneddon, 2013). Medical practitioners are required by the Hippocratic Oath to spare no resources or effort to ensure the wellbeing of their patients. Withdrawing Ann’s treatment would violate the provisions of this oath, and other laws regulating the medical profession. This could result in prosecution and revocation of the license to practice.

Advice as Nurse

Frank and Sarah should be advised to maintain Ann’s intravenous antibiotics treatment. This action clearly serves Ann’s best interest. There is widespread involvement of nurses in decision-making by the patient’s family, and this practice is encouraged across the profession (Nurse Center of Rochester and Monroe County, 2014). This would have the implication of violating the principle of patient autonomy. However, the gains from the recommended decision far outweigh this violation and as such, the decision to maintain the treatment would be justified. Ann seems to be having trouble grasping reality given her decision to decline food and refusal to talk. The family could consider reality therapy for Ann (Glasser, 2010). This would allow her to accept her situation and act logically by approving the treatment.

Conclusion

From the case of Ann, it is clear that professionals in the medical field and the families of patients face challenges in making decisions. These decisions call for ethical and legal considerations. The actions and decisions made by nurses and the family of the patient need to account for possible legal consequences. Medical practitioners also need to consider other options for achieving the comprehensive wellbeing of their patients such as therapy. Families of patients need to exercise sober judgment that is not clouded by emotions when making decisions regarding health (University of Tennessee, 2010). The conduct of medical professionals should be such that, optimum care is availed to a patient by doing all that is necessary and possible towards this end.

References

Glasser, W. (2010). Reality Therapy: A New Approach to Psychiatry. New York, NY: HarperCollins.

Nurse Center of Rochester and Monroe County. (2014). Patient and Family-Centered Care. Web.

Sneddon, A. (2013). Autonomy. London: Bloomsbury Publishing.

University of Tennessee. (2010). Legal Issues in Health Care. Web.

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