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Case Study 1: Malpractice Action Brought by Yolanda Pinnelas People involved in case: Yolanda Pinnelas — patient Betty DePalma, RN, MS — nursing supervisor Elizabeth Adelman, RN — recovery room nurse William Brady, M.D. — plastic surgeon Mary Jones, RN — IV insertion Carol Price, LPN Jeffery Chambers, RN — staff nurse Patricia Peters, PharmD — pharmacy Diana Smith, RN Susan Post, JD — risk manager Amy Green — quality assurance Michael Parks, RN, MS, CNS — education coordinator SAFE-INFUSE — pump Brand X infusion — pump Caring Memorial Hospital Facts: The patient, Yolanda Pinellas, is a 21-year-old female admitted to Caring Memorial Hospital for chemotherapy. Caring Memorial is a hospital in upstate New York. Yolanda was a student at Ithaca College and studying to be a music conductor. Yolanda was diagnosed with anal cancer and was to receive Mitomycin for her chemotherapy. Mary Jones, RN, inserted the IV on the day shift around 1300, and the patient, Yolanda, was to have Mitomycin administered through the IV. An infusion machine was used for the delivery. The Mitomycin was hung by Jeffery Chambers, RN, and he was assigned to Yolanda. The unit had several very sick patients and was short staffed. Jeffery had worked a double shift the day before and had to double back to cover the evening shift. He was able to go home between shifts and had about 6 hours of sleep before returning. The pharmacy was late in delivering the drug so it was not hung until the evening shift. Patricia Peters, PharmD, brought the chemotherapy to the unit. On the evening shift, Carol Price, LPN, heard the infusion pump beep several times. She had ignored it as she thought someone else was caring for the patient. Diana Smith, RN, was also working the shift and had heard the pump beep several times. She mentioned it to Jeffery. She did not go into the room until about 45 minutes later. The patient testified that a nurse came in and pressed some buttons and the pump stopped beeping. She was groggy and not sure who the nurse was or what was done. Diana Smith responded to the patient’s call bell and found the IV had been dislodged from the patient's vein. There was no evidence that the Mitomycin had gone into the patient's tissue. Diana immediately stopped the IV, notified the physician, and provided care to the hand. The documentation in the medical record indicates that there was an infiltration to the IV. The hospital was testing a new IV infusion pump called SAFE-INFUSE. The supervisory nurse was Betty DePalma, RN. Betty took the pump off the unit. No one made note of the pump’s serial number as there were six in the hospital being used. There was also another brand of pumps being used in the hospital. It was called Brand X infusion pump. Betty did not note the name of the pump or serial number. The pump was not isolated or sent to maintenance and eventually the hospital decided not to use SAFE-INFUSE so the loaners were sent back to the company. Betty and Dr. William Brady are the only ones that carry malpractice insurance. The hospital also has malpractice insurance. Two weeks after the event, the patient developed necrosis of the hand and required multiple surgical procedures, skin grafting, and reconstruction. She had permanent loss of function and deformity in her third, fourth, and fifth fingers. The claimant is alleging that, because of this, she is no longer able to perform as a conductor, for which she was studying. During the procedure for the skin grafting, the plastic surgeon, Dr. William Brady, used a dermatome that resulted in uneven harvesting of tissue and further scarring in the patient's thigh area where the skin was harvested. The risk manager is Susan Post, JD, who works in collaboration with the quality assurance director Amy Green. Amy had noted when doing chart reviews over the last 3 months prior to this incident that there were issues of short staffing and that many nurses were working double shifts, evenings, and nights then coming back and working the evening shift. She was in the process of collecting data from the different units on this observation. She also noted a pattern of using float nurses to several units. Prior to this incident, the clinical nurse specialist, Michael Parks, RN, MS, CNS, was consulting with Susan Post and Amy Green about the status of staff education on this unit and what types of resources and training was needed Group Project: Assignment Legal Malpractice Case Description Outcomes addressed in this Assignment: MN506-2: Critique ethical-legal concepts, principles, and dilemmas related to the provision of health care. Please take a moment to watch this Assignment Introduction, or read the presentation transcript. Instructions: There are two malpractice cases. Your instructor will assign your group either Case Study 1: Malpractice Action brought by Yolanda Pinnelas or Case Study 2: Wrongful Death by Howard Carpenter on Behalf of Wilma Carpenter, Deceased. The group will construct a 7 page paper about the legal constructs involved in one of the cases. Directions: The group will write a7 -page APA formatted paper (title page and references list do not count towards the 7 pages). Support the paper with peer reviewed articles and case law where applicable. You must have minimum of eight references. You may have an appendix that has samples of documents that support your positions or expands on the facts of the case. THIS PAPER MUST FOCUS ON THE FOLLOWING ONLY: • Defenses of the parties • Documents that the plaintiff’s side will ask for and how they will be used • Standards of care • Duty, breach, damages, and proximate cause • Insurance issues • Risk management issues before and after the incident
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Running head: LEGAL MALPRACTICE CASE

Legal Malpractice Case
Student Name
Course No
Instructor
Submission Date

LEGAL MALPRACTICE CASE

1

Legal malpractice case
Introduction
Yolanda was hospitalized for anal cancer that required her to take medication via an
infusion pump. At the time of her hospitalization, the hospital was testing a new drip pump
system called safe-infuse, as such, the nurses were not very knowledgeable about how to handle
and operate the new pump. Consequently, Yolanda suffered necrosis and had to undergo further
surgical procedures. The malpractice at Caring Memorial Hospital left Yolanda with jarring scars
and a hand that had lost some of its functionality. This paper assesses the case in depth with the
aim of discerning who was in the wrong.
Defenses of the parties
In Yolanda’s case, the primary nurse assigned to take care of her wounds was Jeffery
Chambers; thus, Chambers is to assume most of the liability for the malpractice that led to the
patient developing necrosis and needing graft surgery to fix the problem. According to the
American nurses association, all nurses have a responsibility to care for their patient after
carefully assessing the risks and the responsibility (American Nurses Association, 2015). The
fact that Jeffrey had worked a double shift prior to handling Ms. Yolanda may have
compromised his decision-making process due to fatigue. The American nurses association
further states that all nurses and employed in a healthcare organization have a shared
responsibility for mitigating the effects of fatigue (American Nurses Association, 2014). Jeffery
can use the nurse association policy as his defense by arguing that the hospital should have
stepped in to prevent him from working while fatigued; thus, the hospital is just as liable as he is
in Yolanda's case.

LEGAL MALPRACTICE CASE

2

Another liable party is Carol Price, who neglected to attend to the IV pump and failed to
report that there was an anomaly in the behavior of the pump. Carol’s actions contravened article
139 of New York state education laws, which require all licensed practical nurses to work under
the supervision of a registered nurse at all, times, this means that Carol should not have
administered the IV pump alone (Education Law, 2010). Carol can use the law as her defense
claiming that the hospital let her attend to the patient without any supervision and her limited
experience prevented her from discerning any problem with the operation of the pump.
Diana Smith, a registered nurse, is also accountable. Smith observed the beeping IV
p...


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