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Legal Written Assignment: Case Analysis

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Affiliation

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1. Nurse Greene's Liability for Malpractice

Nurse Greene had a duty to the cardiac care unit patient. The job required monitoring the

patient for atrial fibrillation and treating it. Nurse Greene neglected the patient's nausea and

abdominal pain. Despite the patient's severe pain and her knowledge of the increased blood

pressure and heart rate, Nurse Greene failed to act or escalate the situation to the doctor. Third,

ignoring the patient's symptoms and delaying treatment could be disastrous. Infections, the long

patient waits, care failures, and inefficiencies in the UK National Health Service (NHS) pressure

governments to act and align with media themes of institutional incompetence and power abuse

(Traynor, 2014, P.547). Thus, Nurse Greene had to evaluate the situation and work with the

doctor to determine the best treatment therefore avoiding power abuse. Nurse Greene is liable for

malpractice based on duty, breach of duty, foreseeability, causation, harm, and damages. She

failed to respond to his abdominal pain complaints and advocated for timely medical

intervention, worsening his condition and causing his death.

2. Nurse Greene's Violation of Standards of Care

Nurse Greene may have broken the law by failing to provide a patient with the minimum level of

care. A competent nurse must meet minimum treatment standards in a given situation. Nurse

Greene violated care standards by failing to assess and treat the patient's abdominal pain and

nausea. Despite the patient's severe pain and Nurse Greene's observation of the increased blood

pressure and heart rate, she did not act or notify the doctor. A skilled nurse would have assessed

the patient, coordinated with the doctor, and started treatment immediately. In psychiatry,

aggression as a means to meet basic needs becomes obsolete as human civilization progresses

unless it is caused by a diagnosed psychiatric condition that endangers the individual and others.
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Forensic diagnosis becomes more necessary (Moraru et al., 2020). Nurse Greene's care

nonconformity violates legal standards.

3. Nurse Greene's Fulfilment of the Role of Patient Advocate

Patient advocates advocate for patients, protect their rights, and communicate with

medical staff. Nurse Greene failed as a patient advocate. Despite the patient's repeated

complaints of severe pain and Nurse Greene's knowledge of the worsening symptoms, she did

not alert the doctor or seek further intervention. Managers must foster a culture of trust, effective

communication, and safety to assess and reduce patients' risk of injury in the clinical setting

(Kadivar et al., 2018, p.3). Nurse Greene didn't prioritize patient safety by insisting on a

thorough diagnosis and treatment. Nurse Greene failed as a patient advocate by not immediately

addressing the patient's concerns, escalating when necessary, and ensuring the patient's voice was

heard. Nurse Greene's failure to meet these obligations undermines her patient advocacy.

4. Need for an Expert Nurse Witness

A nurse with expertise in this area may be called as a witness in this case. An expert nurse

witness is a registered nurse with extensive experience and training in a particular area of

nursing. Their job is to give their professional opinion on whether or not the defendant nurse's

actions fell below the accepted level of care. An expert nurse witness would help explain those

expectations and responsibilities to the court in light of the case's complexity and Nurse Greene's

specific allegations. They were in a position to give an impartial assessment of Nurse Greene's

performance and decide whether or not she had complied with the requirements of good care.

According to Guido (2001, p.253), the ethical issue of being an expert witness revolves
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around reviewing patient records and reports that may reveal inappropriate interventions or a

failure to meet the standard of care. The witness must disclose such findings to the defendant's

attorney without creating liability or prejudicing the patient who deserves compensation for

adverse outcomes (Guido, 2001, p.253). The expert would testify whether Nurse Greene's actions

matched the expected standard of care and whether or not her deviations contributed to the

patient's adverse outcome. The court could benefit from hearing from a registered nurse who

could testify whether Nurse Greene's actions amounted to negligence or malpractice. Their

expert opinions would give the court a complete picture of the situation, allowing for a more fair

and accurate evaluation of Nurse Greene's actions and potential liability.

5. Types of Damages to be Awarded

The plaintiff may be entitled to compensation based on several damages. If someone

else's carelessness or wrongdoing causes you financial harm, you may be entitled to damages as

compensation. Economic damages are available when a plaintiff suffers actual monetary losses.

This may include the cost of the initial diagnosis and treatment, the price of additional

procedures or surgeries, and any ongoing care the patient may need. The court may award the

plaintiff non-economic damages to compensate for the intangible losses they incurred. Pain and

suffering, loss of enjoyment of life, emotional distress, and other intangible losses caused by the

defendant's negligence can all be compensated for by these emotional damages. Punitive

damages may be awarded if the plaintiff can show that Nurse Greene's behavior was wilful,

wanton, or reckless. Punitive damages are awarded when the court deems it necessary to punish

the defendant and discourage future bad behaviour. The court will award compensation based on

the seriousness of the plaintiff's injuries, how it has affected their quality of life, how much
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money they have lost, and any other evidence presented at trial.
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References

Guido, G. W. (2001). Legal and Ethical Issues in Nursing. Pearson.

Kadivar, M., Manookian, A., Asghari, F., Niknafs, N., Okazi, A., & Zarvani, A. (2018). Ethical

and legal aspects of patient's safety: a clinical case report. Journal of Medical Ethics and

History of Medicine, 10(15), 3.

https://brc-flvc.primo.exlibrisgroup.com/discovery/fulldisplay?

docid=cdi_doaj_primary_oai_doaj_org_article_cbb8eac721aa44dba3037fb0f40a60c8&c

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%20legal%20aspects%20of%20patient%27s%20safety%3A%20a%20clinical%20case

%20report

Moraru, C., Radulescu, I.-D., Alina Ioana Voinea, Mirona Letiția Dobri, Rusu-Zota, G., &

Petronela Nechita. (2020). Latent Aggression and Impulsive Manifestations of the

Psychiatric Patient. Clinical, Legal, and Ethical Aspects. https://brc-

flvc.primo.exlibrisgroup.com/discovery/fulldisplay?

docid=cdi_doaj_primary_oai_doaj_org_article_8dc9b43ddd844f6a8944827f2076ddd6&c

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%20Patient.%20Clinical%2C%20Legal%20and%20Ethical%20Aspects.&offset=0

Traynor, M. (2014). Caring after Francis: moral failure in nursing reconsidered. Journal of

Research in Nursing, 19(7-8), 546–556.

https://brc-flvc.primo.exlibrisgroup.com/discovery/fulldisplay?
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