Reference no: EM133219304

A physiotherapist Rebecca  at a Northwest Rehabilitation Centre. Her patient, Eleanor, is a 70-year-old female who was admitted to the facility for continuation of rehabilitation secondary to a total hip replacement. After treating Eleanor one Saturday afternoon, Rebecca wheeled her back to her room and then documented the treatment performed. Having taken on more contact work, she was running late to go another facility to treat a few more patients.

The following day Rebecca received a call from Rosie, the Director of Nursing Services in the facility. Rosie stated that a few minutes after Rebecca left on Saturday, Eleanor evidently tried to get up from her wheelchair to turn down the volume of her television and fell, hitting her head on the floor. When asked why she tried to get up on her own despite previous instructions not to do so, Eleanor stated that Rebecca did not put her call light within reach and that there was no one close by to call. Rosie relayed that Eleanor's condition deteriorated over a 12-hour period and was subsequently sent to the acute care hospital immediately. Eleanor's primary physician ordered to keep her in the facility for observation. She later suffered an intracranial hemorrhage and died early the following day.

That same day, Rebecca, Rosie and Jackie (the facility administrator) met to review Eleanor's chart. When asked if she made sure Eleanor had her call light. Rebecca stated that she was not sure if she did. Rebecca admitted to being preoccupied lately due to an increased caseload and some personal matter. However, she stated that she had always place the call light within reach of her patients in the past. Rosie and Jackie then asked Rebecca to revise the PT notes that she did the day before to reflect that she had given Eleanor the call light. Rosie, who was also the nurse in charge on the day of the incident, already reconstructed her chart entries accordingly. Jackie was afraid of a big lawsuit coming from Eleanor's family, so she ordered everyone involved in Eleanor's care to strengthen their documentation to reflect that the facility was not responsible for her injury and subsequent death.

1a. What are the 4 elements that constitute a person could be deemed negligent?

1b. How is a legal duty established in the therapy context

1c. Who had the legal duty of care in this situation (i.e. who could be seen as negligent) Did she/they breach the duty of care? If so, explain how that duty was breached

1d. Explain how "proximate cause" and injury affect this case of possible negligence

1e. In this scenario do you think specialised legal help in required. Explain your answer and if you believe it is required who is it required from.

1f. Prepare a report for your manager on the non-compliances in this scenario and include the strategic response on what actions should be taken to prevent this happening again

Jack changed to a new GP who was able to access the results of tests that Jack's previous doctor had done via the computer. Jack was very surprised that ethe information one doctor had was available on the computer for another doctor. No one asked Jack if that was okay nor explained it to him. Jack was just really surprised and wondered what else was freely available for everybody to read. Having come from an abusive background, he was also very touchy about anything like that going on..and about being traced. Jack was unsure of how his GP accessed the information - obviously the second doctor was able to tap into the files of the company that did the tests.

2a. Is it reasonable to see how Jack's test results should be seen in a databank than can be accessed by other doctors and AHP's Why or why not?

2b. What is Jack's primary concern

2c. What 2 ethical perspectives arise from this case study?

2d. What should the doctors as well as the pathology company do in the future to decrease the possibility of a patient experience something similar to Jack's experience

2e.Prepare a report for your manager on the non-compliances in this scenario and include a strategic response on what actions should be taken to prevent this happening again