Negligence Case Study: Night Shift Nurse

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The situation described in this scenario could be considered malpractice due to the negligence of the nursing staff. The law describes negligence as acting in a way that a prudent person in a similar situation would not act. Failing to act in a way that a reasonable person would act in the same or similar situation (Ashley, 2003). In this case, the night shift nurse is recovering a patient who has been hospitalized for a femur fracture. While assessing the patient the nurse views that patient’s toes are pale and swollen and she complains of numbness in her toes. The nurse should have recognized this as possibly being a complication of the fracture,
The nurse had a duty to report her findings to the patient’s physician immediately. The
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When the night shift nurse gave report, the day shift nurse should have contacting the physician to report the symptoms as well as contacted her leader to report the negligence of the night shift nurse. Again, the Nursing Practice Act requires that a nurse report another nurse whose actions or negligence have caused harm to a patient or could pose a risk to patients. ("Texas Board of Nursing - Practice - Registered Nurse Scope of Practice," n.d.).
Not only are both of the nurses liable for negligence and could face a malpractice suit, these are also board reportable offenses that could lead to sanctions against their licenses or revocation of their licenses all together. Prior to reporting these nurses to the The Board of Nursing, they would both be put through the nursing peer review process. There are many different institutions and entities that can establish a nursing peer review however, in this situation it would be established by the hospital nursing staff ("Texas Board of Nursing - Practice FAQ,"
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Primarily due to the length of time that expired from the night shift nurse finding the symptoms and reporting them to the day shift nurse versus the time frame between the day shift nurse accepting the patient and the doctor rounding in the afternoon. The scenario does not define the time the night shift nurse discovered the deterioration of the patient. In most hospital settings, nurse shifts are from 7:00 a.m. to 7:00 p.m. and 7:00 p.m. to 7:00 a.m. It is possible that the night shift nurse discovered the deterioration at the very end of her shift and although she still had a duty to contact the physician, the day shift nurse clearly had many hours to make the appropriate

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