3 cases: Act Titles
1- Paving Her Way to Heaven
2 – Trust and Organizational Harmony
3 – Failure to Comply with Hand Hygiene Guidelines
Requirements:
Read and analyze the 3 cases found in chapter 11. In your own words, write a report of each of the 3 titles.Include only your answers in the report. Include your reference(s) at the end of the report.
The report content should be at least 3 pages, double spaced, Times New Roman 12 pt. font. Submit the completed document to turnitin
Paving Her Way to Heaven
The nurse-plaintiff in Kirk v. Mercy Hosp. Tri-County17 was employed as a charge nurse with supervisory duties. A short time after one of her patients had been admitted to the hospital, the nurse diagnosed that the patient was suffering from toxic shock syndrome. The nurse believed that the physician would order antibiotics. After a period of time had passed without having received those orders from the physician, she discussed the patient’s situation with the director of nursing. The nurse was told by the director to document what had happened. She was told to report the facts and stay out of the matter.
The nurse discussed the patient’s condition and lack of orders with the chief of staff. Although the chief of staff took appropriate steps to treat the patient, the patient died. A member of the patient’s family had told the nursing director that the nurse-plaintiff offered to obtain the medical records. The nursing director was later told that the nurse-plaintiff had told the family member that the physician was “paving [the patient’s] way to heaven.” The director terminated the plaintiff.
After her termination, the nurse received a service letter from the hospital that directed her to refrain from making any further false statements about the hospital and its staff.
The trial court entered a summary judgment for the defendant, stating that there were no triable issues of fact, and there was no public policy exception to the nurse’s at-will termination. The nurse appealed.
The Missouri Court of Appeals held that the Nursing Practice Act provided a clear mandate of public policy that the nurses had a duty to provide the best possible care to patients. Public policy clearly mandates that a nurse has an obligation to serve the best interests of patients; therefore, if the plaintiff refused to follow her supervisor’s orders to stay out of a case where the patient was dying from a lack of proper medical treatment, there would be no grounds for her discharge under the public policy exception to the employment-at-will doctrine.
Pursuant to the Nursing Practice Act, the plaintiff risked discipline if she ignored improper treatment of the patient. Her persistence in attempting to get the proper treatment for the patient was her absolute duty. The hospital could not lawfully require that she stay out of a case that would have obvious injurious consequences to the patient. Public policy, as defined in case law, holds that no one can lawfully do that which tends to be injurious to the public or against the public good.
Trust and Organizational Harmony
Without trust, privacy and confidentiality become meaningless. The most vital resource in a healthcare organization is the staff. The CEO must assign responsibilities to both line and staff employees on the basis of capability. The CEO must recognize the differences and needs of each individual, develop their strengths, and provide guidance in times of weakness. Like a conductor in a symphony orchestra, the CEO must produce organizational harmony among the staff.
The CEO sets the tone for building trust in the organization. Therefore, it is imperative that he or she be attuned to the needs of those in the front line, those employees who conduct the day-to-day business of the organization and support its mission. Jack, the CEO of XYZ, has been working for 2 years in his position. Staff members have criticized his physical absence and his once-a-year appearance at employee luncheons. Except for the occasional memorandum drafted by other staff members, many employees at XYZ have become discouraged and distrustful of the top-tier vice presidents who were appointed by Jack to conduct business for XYZ. Employees are beginning to leave, and business is going elsewhere.
Failure to Comply with Hand Hygiene Guidelines
Mrs. Smith was a healthy woman until suddenly she experienced neck pain and needed surgery. She was admitted to a postsurgical care unit at a major teaching hospital. Upon entering her assigned four-bed room, she and her husband observed a bloody suction bottle hanging from a wall at the head of her assigned bed. The bed rails were rusting with dried body fluids from previous patients. They were uneasy about having a surgical procedure performed, but they decided the physician’s skills were more important than an unclean room.
The morning following surgery, a physician entered the room with three residents and examined each of four postsurgical patients. The first patient examined was a postsurgical amputee, who was later diagnosed with a staph infection. Mrs. Smith was the fourth patient to be examined in the room. Even though each of the patients’ wounds had been examined and dressings changed, the physicians failed to change their gloves between patients. Following examination of Mrs. Smith, they proceeded to remove their gloves and tossed them in Mrs. Smith’s bedside wastebasket. All four patients contracted a staph infection. History repeated itself: CDC hygiene recommendations, though adopted by the hospital, were not followed, to the patients’ detriment.
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