Legal Aspects of Nursing
In the following scenario you will need to determine if the required elements for Malpractices/Negligence and liability exist.
Antonio Garcia was transported to the hospital after police were called to a convenience store where Mr. Garcia was walking about in a confused state. Mr Garcia admitted to both the police and the hospital staff that he was thinking about harming himself. Mr Garcia was placed in soft restraints pending admission to an acute care psychiatric unit.
although he was retrained to prevent self- harm, Mr Garcia was not provided direct one-to-one patient observation. He slipped out of restraints, eloped from the facility ,and went back to the convenience store to retrieve his car. he then drove another 335 miles,stopped on the interstate highway and walked in front of an oncoming vehicle. His wife filed a wrongful death suite against the facility and its staff members.
What principles of protecting patient safety are involved in this case?
Who are the defendants in this case? Which defendants could potentially be help liable? Why?
How do you think the court would rule in such a case ? Why?
Give examples of court ruling that support your opinions.
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