The Case Of Holder Vs. Beverly Enterprises Texas, Inc. Essay

This case serve as a influential example that remind nurses that they are not doing the right thing by working overtime but putting a patient’s life at a risk. Ms. Thao's case has helped stimulate efforts to ensure that caregivers are treated fairly without forgiving them of responsibility for risky behavior.

“Be the one who nurtures and builds. Be the one who has an understanding and forgiving heart one who looks for the best in people. Leave people better than you found them.” Nursing is more than just doing assessments and giving medications; it is going beyond that to know what is right or wrong, what can and cannot be done, and what is considered harming the patients rather than doing them good. In nursing, there is a fine line between what is considered to be negligence and beneficence. According to Marquis (2017), “Ethics is the systemic study of what a person’s conduct and actions should be with regard to self, others human beings, and the environment (pg. 83), on the other hand, it does not necessarily mean that their

Maria Niceforo, a 75-year-old woman receiving in-home nursing care, had died of infection due to numerous pressure wounds (Le May, 2016). She was admitted to the hospital presenting with a bleeding pressure wound across her back and legs that had penetrated through the bone (Le May, 2016). It was also observed that the wounds were soiled with urine and dried faeces (Le May, 2016). She was receiving in-home support from registered nurses, who according to her son, were not consistent nor reliable in their care of Mrs. Niceforo (Le May, 2016). Another contributing factor to her death was inadequate communication and documentation of her treatment (Menagh, 2016). For example, one of the nurses had reported not providing treatment to Mrs. Niceforo's bottom as she was not aware of it (Menagh, 2016). I was quite

Some care aides were wonderful and went out of their way to go the extra mile; however, I noticed many of them didn’t tell the residents what they were going to be doing before they would do it, which would scare many of them. Often the residents would scream or wince from shock or pain, as the care aides would begin their care without prior disclosure. Many residents were not verbal, or had dementia and that was considered to be the factor in which it was justifiable to treat them this way. I was dismayed at how I witnessed the lights turn on, the blankets torn off, the residents being turned from side to side and their briefs being taken off, leaving them cold and completely exposed without any notice or indication of what was going to happen.

The case involving Birch & Davis International, Inc., and Warren M. Christopher, the United States Secretary of State was decided on September 13th, 1993. The case involved procurement procedures conducted by the Agency of International Development (Open Jurist). The issue centered on exclusion of bids made by Birch & Davis International, Inc. Birch challenged the exclusion to the General Services Administration Board of Contract Appeals and they decided that the actions taken by the agency were fair. The case got to the Federal level when Birch appealed the decision by the board.

The Voting Rights Act of 1965 prohibits voting discrimination. With the condition to receive preclearance stated in section 5 of the Act from the Department of Justice before making any changes affecting the voting process, also came four other prohibitions. The prohibition of literacy test or other similar test or devices as a prerequisite to voter registration is one prevention. The requirement of jurisdictions with significant language minority populations to provide non-English ballots and oral voting instructions is another. Third is the prohibition of vote dilution, which is the remapping of districts to suppress the minority vote. The final provision was one of the most controversial of the Act. It established the federal oversight

The ATRA and CALA are trying to stop minor cases from receiving enormous sums of money which will dampen the economy. The subject matter of these cases varies to some length including but not limited to medical and car insurance. In a case against Rich Mountain Nursing and Rehabilitation Center of Mena, jurors found the defendant, Mena, guilty of malpractice in the death of Margaretha Sauer, a ninety-three year old woman. The non-economic punitive damages cash award for the suffering and pain of the Sauer family to be paid by Mena was seventy-eight million dollars. Punitive damages is one of the issues that the ATRA is trying to combat. If nursing homes continue to have pay large sums for punitive damages, they will not be able to survive. The premium average liability offered by nursing homes has increased from $820,000 in 1999 to $11.6 million in 2001. With the liability premiums continuing to rise, the prospects of profits continue to dwindle. They will have no chance at retaining a profit and thus will have to close. It will also mean that doctors will charge more for their services, which leads to fewer health insurances carrying

Charleston Community Memorial Hospital proved a corporate negligence doctrine in the case (Pozgar, 2013). The court found a jury could reasonably find negligence due to the fact that staff did not test for circulation as often as needed, it was concluded that skilled nurses would have been aware of circulation problems, informing attending staff promptly (Law School Case Briefs,2013). There was no argument that the defendant, the hospital in this case, failed to review physicians work, or require a consultation. A jury found that this failure was within reason to assume a negligent act was performed, or not performed in this case (Law School Case Briefs,2013). A person goes to a hospital and within reason expects the hospital to treat them (Pozgar, 2013). There is a legitimate basis in this case to hold the hospital vicariously responsible for torts of its employed staff (Law School Case Briefs,2013). In Darling v. Charleston Community Memorial Hospital, the jury found negligence by both the doctor and the nursing staff, this was supported with evidence during the trial (Law School Case

This case analysis of Texas v. Gregory Lee Johnson was a Supreme Court case that overthrew bans on damaging the American flag in 48 of the 50 states. Gregory Lee Johnson participated in a political demonstration during the 1984 Republican National Convention in Dallas, Texas, where he burned the American flag. Consequently, Johnson was charged with violating the Texas law that bans vandalizing valued objects. However, Johnson appealed his conviction, and his case

In Creela Belle Howard’s article “Legal settlements at Veterans Affairs more than tripled since 2011, many due to medical malpractice,” she argues that VA hospitals, known for having a history of scandals and malpractice, should start terminating staff members for malpractice. Howard presents credible evidence, as well as implementing emotion through heartbreaking examples of veterans who passed away at the hands of shiftless staff at VA hospitals throughout the country. The author also presents no bias by stating facts without opinions about her own personal views.

The television screen showed the image of a nurse, murdering the people he was supposed to be saving, by injecting them with his own concoctions of drugs. The disgust was beyond imaginable, as he was expected to be the one that saves people, yet he broke that expectation as the unprotected patients’ lives faded away. Charles Cullen was a New Jersey nurse who broke the bond of trust between nurses and patients. I knew that I had to do this project on him because he changed United States history by creating more laws for hospitals and nurses, so that they patients’ rights were not violated.

negligently cared for and the hospital itself had a lack of basic essentials ( McDonald,L

Given the aging of the population, elder abuse has become more a prevalent and a more serious issue in recent years. "Every year, an estimated 4 million older Americans are victims of physical, psychological or other forms of abuse and neglect. Those statistics may not tell the whole story. For every case of elder abuse and neglect reported to authorities, experts estimate as many as 23 cases go undetected" (Elder abuse and neglect, 2013, APA report: 1). Elder abuse is both against the law and an ethical issue for the nurse. The nurse must find a way to ensure that the needs of the patient are taken care of, and the stress of the caregiver of the elderly person is managed appropriately. This paper will apply the five steps of ethical decision-making to dealing with the issue (Swinton 2007). The ethics of elder abuse deal with a number of issues that can be extremely sensitive subjects for the nurse; including parent-child relationships; past relationships amongst different members of the family; the responsibilities of caregiving; and the autonomy of the patient.

There have been problems within Long-Term Care and many of these abuses were turned over to the patients, there was hardly any direction on how to handle Long-Term Care. “Poor houses and Almshouses and developed in response to an impoverished, aging, and

Ethical principals are the seed of which nursing flourishes from. Many ethical principals were involved and dishonored in this case such as, justice, autonomy, beneficence, non-maleficence, confidentiality and fidelity (Burkhardt et al., 2014). I believe justice was the main principal involved as the entire ethical predicament was revolved around unjust behavior and treatment of the residents. The residents were treated poorly and given unequal rights as a causation of their illnesses. Autonomy, an essential piece of human rights was also being violated in this ethical dilemma. The residents did not have any choice or independence in their care or how they were being treated. Beneficence and non-maleficence are significant dynamics of this ethical situation, as the health care providers needed to reflect on how they can have the maximum benefit while diminishing possible damage to the residents (Burkhardt et al., 2014). Our actions as nurses should always be beneficent and non maleficent, continuously being kind, compassionate and doing what is in their best interest as well a removing and preventing harm. Confidentiality is a key component of nursing and it was blatantly being violated as the health care