GROUP 2 ADU by Bex https://padlet.com/bexferriday1/hemihelp en-us 2014-01-13 11:25:49 UTC 2023-03-28 08:39:50 UTC hello@padlet.com Legal aspects of duty of care https://padlet.com/bexferriday1/hemihelp/wish/530158496 All nurses owe a legal duty of care to their patients. If a nurse fails in their duties and harm befalls the patient, then they  will be held accountable for that harm. 
If the patient accuses a breach in the duty of care , experiencing harm, the law will examine the standard of care given, in order to attribute responsibility/laibility for that harm (Dowie, 2017) (RCN,2019).
Nurses generally have no legal duty to provide aid when they are off duty. However, in this instance, there are ethical and professional duties which can be found in the NMC to act without delay is they believed there is a risk to the patient (NMC, 2018).]]> 2020-04-25 15:53:20 UTC https://padlet.com/bexferriday1/hemihelp/wish/530158496 Legal issue https://padlet.com/bexferriday1/hemihelp/wish/530207077 One of the legal requirements of nurses that is featured within the NMC is that in act 14.1 it states that nurses should act immediately to resolve a situation in which  a patient has suffered actual harm (NMC 2018), as seen within scenario 3. 
Therefore failure to do so  may have legal consequences towards the  present nurse, regardless of being off duty as they were still present and failed to uphold professional standards  and a patient was put at risk, for factors such as infection and  degrading treatment.]]> 2020-04-25 16:38:20 UTC https://padlet.com/bexferriday1/hemihelp/wish/530207077 Legal issue https://padlet.com/bexferriday1/hemihelp/wish/530214563 Nurses are held accountable for the care they provide or should have provided.
In the event of a legal issue, a point should be remembered that legal responsibilities will not only affect the individual nurse, but will also affect the workplace and organisation under vicarious liability (Terry et al, 2017).

]]> 2020-04-25 16:45:57 UTC https://padlet.com/bexferriday1/hemihelp/wish/530214563 Negligence and Malpractice / Legal https://padlet.com/bexferriday1/hemihelp/wish/530241737 Legal negligence in nursing - failure to assess and monitor the patient and a failure to be a patient advocate. Negligence is an unintentional tort. It occurs when a nurse fails to follow procedures and standards of care ]]> 2020-04-25 17:13:37 UTC https://padlet.com/bexferriday1/hemihelp/wish/530241737 Torts / Accountability https://padlet.com/bexferriday1/hemihelp/wish/530252889 A tort is an action or omission that harms someone and they are civil laws that refer to legal rights of patients and the duties of the nurse. 
Examples of torts in nursing can be malpractice and negligence
Acts of omission what we don't do and commission  what we actually do.
 As a professional you are held accountable for your actions and in this scenario the nurse would be held responsible for the patient as they care in need of care .

]]> 2020-04-25 17:25:53 UTC https://padlet.com/bexferriday1/hemihelp/wish/530252889 Human rights https://padlet.com/bexferriday1/hemihelp/wish/530253153 In the Human Rights Act 1998, Article 3 Denotes that every one should be free from being tortured or degraded at any time. In the case of the patient, he has been left unattended with his colostomy bag filling to the point where it has exploded. This breaches Article 3's freedom from degradation. He has diarrhoea all over him which should of never happened in the first place if the nurses took proper care of him and changed the Colostomy bag when needed. 
Also it should never be the patient who should clean himself up like the nurse tells the daughter. The nurse should do the cleaning as its the nurses fault that this happened in the first place. The nurse has in a way tortured the patient by letting the bag explode and let him lay in his faecal matter. The nurse has a duty of care and grossly failing (Equality and Human Rights Commission 2018).]]> 2020-04-25 17:26:12 UTC https://padlet.com/bexferriday1/hemihelp/wish/530253153 Scenario PDF 3 https://padlet.com/bexferriday1/hemihelp/wish/530352833 Carl 
Cant manage to get upload a screenshot 
so this is the best i could do


]]> 2020-04-25 19:21:26 UTC https://padlet.com/bexferriday1/hemihelp/wish/530352833 Professionalism https://padlet.com/bexferriday1/hemihelp/wish/530384711 In the fourth section of the NMC Code ‘Promoting Professionalism and Trust’ you can find point 20.3 which states,’ be aware at all times of how your behaviour can affect and influence the behaviour of other people’. In the scenario, the nurse does not communicate with the patient. Therefore, she does not know how they are or how they are feeling. Instead, she assumes the patient can deal with their query by themselves and says, 'he needs to be more independent’. By walking off and leaving Carl in bed covered in diarrhoea, she does not know how her behaviour affected him and whether he did manage to independently clean himself up.

Moreover, it was his daughter who was asking for help on behalf of Carl. At that point in time Carl was unable to approach the nurse for himself which could suggest the vulnerable situation he was in. Point 20.5 in the fourth section of the NMC Code states, ‘treat people in a way that does not take advantage of their vulnerability or cause them upset or distress’. As Carl is not able to object her decision by relaying a reply the nurse is essentially taking advantage of this.

Due to Carls situation of having a Colostomy, just coming out of intensive care and now on a surgical ward, I have explored reasons why the Nurses behaviour could have negatively affected Carl and also why he could have been vulnerable because of his medical needs.

]]> 2020-04-25 20:00:02 UTC https://padlet.com/bexferriday1/hemihelp/wish/530384711 Ethical Issue https://padlet.com/bexferriday1/hemihelp/wish/531077877 Nurses main responsibility is to take care of the clients and patients who deserve appropriate and safe care. 'One of the Code of Ethics are to practice beneficence, to benefit the patients health.' (M Shahriori 2013) in this Scenario the nurse whether on duty has put the patient at harm by exposing key sites to infection causing a chain of infection. 
(https://rcni.com/hosted-content/rcn/first-steps/chain-of-infection ACCESSED: 27/04/2020)

(Nursing ethical values and definitions: A literature review -Nursing ethical values and definitions: A literature review – M Shahriari (2013)]]> 2020-04-26 12:26:51 UTC https://padlet.com/bexferriday1/hemihelp/wish/531077877 Intertwining into human Rights - Safeguarding / nonmaleficence https://padlet.com/bexferriday1/hemihelp/wish/531086091 Nurses have a duty to safeguard patients and by assessing this scenario it seems that the nurse is neglecting the patients needs and lacking in knowledge about the patient insinuating a lack competency in her practice. The RCN principles states that “Nurses and nursing staff treat everyone in their care with dignity and humanity – they understand their individual needs, show compassion and sensitivity, and provide care in a way that respects all people equally.” (RNC 2020 Principles of nursing practice) The nurse on duty or not doesn't seem to have an understanding knowing the patient has a colostomy bag that is being exposed to infection, more than likely losing his dignity, feeling neglected and vulnerable by the nurses response to the situation. ]]> 2020-04-26 12:34:06 UTC https://padlet.com/bexferriday1/hemihelp/wish/531086091 Professionalism https://padlet.com/bexferriday1/hemihelp/wish/531435296 In the fourth section of the NMC Code ‘Promoting Professionalism and Trust’ you can find point 20.3 which states,’ be aware at all times of how your behaviour can affect and influence the behaviour of other people’. In the scenario, the nurse does not communicate with the patient. Therefore, she does not know how they are or how they are feeling. Research has shown that 'approximately 25% of people who have stoma operations experience severe problems with anxiety, depression and other negative emotions at some stage during the year after stoma surgery (White, 1997). Instead, she assumes the patient can deal with their query by themselves and says, 'he needs to be more independent’. By walking off and leaving Carl in bed covered in diarrhoea, she does not know how her behaviour affected him and whether he did manage to independently clean himself up.

As his daughter approached the nurse on behalf Carl, it means Carl was in a position where he was unable to approach the nurse for himself. This suggests the vulnerable situation he was in. Point 20.5 in the fourth section of the NMC Code states, ‘treat people in a way that does not take advantage of their vulnerability or cause them upset or distress’. As Carl is not able to ask. Some research explores this theory.'Patients will often report a loss of confidence, independence and dignity
y, as well as fears of rejection and ridicule (Noone, 2010).'

https://www-magonlinelibrary-com.abc.cardiff.ac.uk/doi/full/10.12968/bjon.2011.20.1.22
]]> 2020-04-26 16:28:11 UTC https://padlet.com/bexferriday1/hemihelp/wish/531435296 Ethical duty to care https://padlet.com/bexferriday1/hemihelp/wish/533429249 The NMC Code specifies that the Nurse has a professional duty at all times. One of the four standards is to Prioritise people and in act 1.2 and 1.4 states that nurses should deliver the fundamentals of care effectively and are responsible for any treatment and assistance with care to be delivered with undue delay (NMC 2018). Even though legally if a Nurse is off duty they don't have to intervene. However, to follow the code they should be morally and ethically obliged as it's their duty to make their patient their first concern Rustom et al (2010)

Iwan Dowie (2017) Legal, ethical and professional aspects of duty of care for nurses
(https://journals-rcni-com.rcn.idm.oclc.org/nursing-standard/legal-ethical-and-professional-aspects-of-duty-of-care-for-nurses-ns.2017.e10959)]]> 2020-04-27 13:21:45 UTC https://padlet.com/bexferriday1/hemihelp/wish/533429249 Professionalism and the RCN https://padlet.com/bexferriday1/hemihelp/wish/534337342 According to the fourth section of  ''The Principles of Nursing Practice' ( RCN, 2010) Nurses should have a person-centred approach to care and promote care which creates dignity and respect. In this scenario the Nurse did not follow these guidelines, due to the fact that the patient has a pre-existing disability from a stroke, which would affect his ability to clean himself properly, thus, leaving him in a vulnerable and undignified state and prone to infection.

Furthermore, section 7 of the 'The Principles of Nursing Practice' (RCN, 2010) highlights the importance of nurses working within a multi-disciplinary team and making sure treatment is coordinated, in order to create the best patient care outcomes. Within this scenario, the nurse failed to prioritise the patient and utilise her team effectively. Instead of putting the onus on the patient to clean himself, the nurse could have explained that she was about to finish her shift but she would make sure the hand over nursing team would prioritise him or the nurse could have gone above and beyond and stayed beyond her shift and supported the patient. ]]> 2020-04-27 18:07:34 UTC https://padlet.com/bexferriday1/hemihelp/wish/534337342 Accountability and the Winterbourne View Scandal https://padlet.com/bexferriday1/hemihelp/wish/535860823 All Nurses are held to account by the NMC. The NMC is a regulatory body which can sanction or disqualify nurses if they have been found to be partaking in abuse or giving substandard care. This upholds a standard of care and conduct that must be followed by all nurses. In term, this regulatory body safeguards and protects patients such as Carl. As shown in the Winterbourne View Report (2014), infringing on the dignity and respect of vulnerable patients creates negative consequences. Following on from the substandard levels of care given within the facility, 11 members of staff were given custodial sentences. Furthermore, the Health Inspectorate Wales (HIW) inspects hospitals and care facilities to make sure that the 6 C's (NMC, 2017) are adhered to. ]]> 2020-04-28 09:55:46 UTC https://padlet.com/bexferriday1/hemihelp/wish/535860823 Nightingale’s Environmental Theory (1859) https://padlet.com/bexferriday1/hemihelp/wish/555198497 Florence Nightingale’s Environmental Theory defines nursing as ‘The act of utilising the environment of the patient to assist him or her in recovery’ (Nightingale, 1859/1992). The theory explains how a nurses initiative to configure environmental settings appropriate for the patients health. The theory consists of 5 identified factors; 
• Fresh air
• Pure water
• Efficient drainage
• Cleanliness
• Light

Cleanliness is the greater part of nursing consists in preserving cleanliness, it can have a major impact on Carl’s overall care and hospital experience. The other factors associated with their surroundings affect life or biological and physiological processes and development. (Foundation of Adult Nursing, 2019)

The nurse demonstrates significant breaches of the fundamentals of care. Being left in feaces and not providing assistance to wash not only exposes him to bacteria but also a high risk of developing pressure sores if not cleaned and dried appropriately. Having carls daughter help assist him is undignified and lack of support for him and his daughter. These factors are detrimental to Carl’s health and well-being.

]]> 2020-05-06 16:00:53 UTC https://padlet.com/bexferriday1/hemihelp/wish/555198497 https://padlet.com/bexferriday1/hemihelp/wish/555777793 2020-05-06 19:46:35 UTC https://padlet.com/bexferriday1/hemihelp/wish/555777793 RCN Ethical Impact Assessment Tool (2017) https://padlet.com/bexferriday1/hemihelp/wish/555790624 This was published to help guide Nurses decide on an action or plan a piece of work they were about to do. These questions are what the Nurses should be reflecting on in order to be ethical. Available at: https://www.rcn.org.uk/-/media/royal-college-of-nursing/documents/publications/2017/ocotber/pdf-006499.pdf?la=en]]> 2020-05-06 19:52:30 UTC https://padlet.com/bexferriday1/hemihelp/wish/555790624