A patient (plaintiff) was brought to the emergency room where he was well-known to the emergency department staff. He was intoxicated, agitated and aggressive.

His behaviors limited the nurse (defendant) and other emergency department staff from completing a comprehensive initial assessment. For the patient’s safety, four point physical restraints were ordered and the defendant nurse requested that security staff apply the restraints per hospital protocol. According to that protocol, the restraint procedure required that security staff also perform a check of the patient’s person for contraband.The defendant nurse assigned the restrained patient to a quiet single room where there would be a less stimulating environment and where he could sleep and calm down sufficiently to undergo a more thorough admission assessment
A patient (plaintiff) was brought to the emergency room where he was well-known to the emergency department staff. He was intoxicated, agitated and aggressive. His behaviors limited the nurse (defendant) and other emergency department staff from completing a comprehensive initial assessment. For the patient’s safety, four point physical restraints were ordered and the defendant nurse requested that security staff apply the restraints per hospital protocol. According to that protocol, the restraint procedure required that security staff also perform a check of the patient’s person for contraband.The defendant nurse assigned the restrained patient to a quiet single room where there would be a less stimulating environment and where he could sleep and calm down sufficiently to undergo a more thorough admission assessment. The defendant nurse performed patient monitoring and assessment checks every 15 minutes as ordered, missing one patient check in order to care for a critically ill patient. The missed check, along with the defendant nurse’s monitoring and assessment findings, were fully documented in the patient’s health information record.Shortly after the defendant nurse performed a 15-minute check, during which the patient was observed to be resting more comfortably in four-point restraints, the patient attempted to burn off his restraints with a cigarette lighter, igniting his bed linens and clothing. In those few minutes the patient suffered severe burns over 25% of his body, including both hands and causing him to lose his fingers on one hand. His injuries required multiple surgeries and he was permanently disabled. The source of the cigarette lighter remains undetermined.Is the nurse guilty or not guilty? Support your answer with legal rationale.Yoder-Wise, P.S. (2015). Leading and managing in nursing (6th ed.). Texas: Elsevier. ISBN:ISBN-13: 978-0323185776 $66.91.Pages/Chapters: Chapter 5


 

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