Any topic (writer’s choice)
Write a 1500-word essay addressing each of the following points/questions. The case studies are below the instructions. I have attached photos of a professional liability insurance policy sample.
The book we are using is
Legal and Ethical Issues in Nursing 7th edition
Ginny Wacker Guido
ISBN-13: 9780134701233
Read the case study presented at the end of Chapter 10, which begins The elderly patient resided at the nursing home for almost a year before she died at the hospital. (Guido, p. 183)
Did the lack of documentation in the admitting nurse’s assessment and notes affect the ultimate outcome of this case?
Was there negligence on the part of the nursing staff in the care of this patient?
What could the nurse have done differently to facilitate a different outcome in this case?
How would you decide this case?
Using the sample professional liability insurance policy (Chapter 11 p. 191-192 Figure 11-1) locate the various provisions:
Limits of liability
Declarations
Deductibles
Exclusions
Reservation of rights
Covered injuries
Defense costs
Coverage conditions and supplementary payments
Did you have difficulty finding some of the sections? Would this be a policy that you would consider purchasing for your own liability coverage? Why or why not?
Read the case study presented at the end of Chapter 11, You Be the Judge, which begins, During an unexpected heat wave, (Guido, p. 195):
What provisions of an insurance policy would you consult to determine if an insurance company should pay such a claim, and what would the limits of the liability be?
Is the nursing home insurance company correct in saying that this is a professional judgment issue?
Which insurance company (the nursing home’s or that of the administrator of the nursing home, assuming she has coverage) should pay the court-ordered judgment?
How would you decide the case?
Please combine all of these responses into a single Microsoft Word document for submission. Submit only completed assignments (not partial or “draft” assignments). Be thorough in your responses to adequately address all aspects of each question.
YOU BE THE JUDGE CHAPTER 10
The elderly patient resided in a nursing home for almost a year before she died at the hospital. She had been hospitalized for six days, with admitting diagnoses of gram negative septicemia, gram negative sepsis, and acute myeloid leukemia. Also, discovered on admission to the hospital was a necrotic Stage III pressure ulcer on her coccyx, which was nowhere documented in the clinical records from the nursing home. A review of the nursing progress notes was silent regarding any specialized mattress or other comfort devices used for this patient. The family sued on behalf of the patient, alleging that the patients demise from leukemia was linked to the negligence of the care that the patient had received in the nursing facility. The defense lawyer for the facility denied any negligence in the cause of the patients death.
YOU BE THE JUDGE CHAPTER 11
During an unexpected heat wave, the administrator of a nursing home decided against turning on the air conditioner, which resulted in the death of four of the residents of the home. One of the deceased residents daughters brought a lawsuit against the home for a wrongful death suit. She was awarded a judgment of $275,000. She then filed a second lawsuit against the nursing homes insurance company to collect payment on the judgment. The insurance company refused to pay, stating that the judgment underlying the lawsuit was professional liability and the insurance company did not cover the nursing home for professional judgment. The nursing home then filed a lawsuit against the insurance company for payment of this judgment.
