BLOOD ISSUE=PROBLEM=CAN HOSPITAL BE SUED?

by jack w 28 Replies latest watchtower beliefs

  • jessthebull
    jessthebull

    I am a nurse myself but am registed in NZ and have never practised in the states so i cant say what the laws are regarding patient records there. What i can tell you though is that in NZ it is illeagle to access the notes of a patient that you are not treating due to a personal connection (such as this) with out the authority of the person involved.

    To look into a patients records you are not treating but know personally and then approach them about treatment decisions in this manner is HIGHLY unethical and certainly a manner that could/should be brought to the charge nurses attention.

    Wow i cant believe that she would do that!

  • Scully
    Scully

    After re-reading jack w's initial post on the topic, I feel quite strongly that an ethical breach has occurred in this situation:

    one of her nurses is a witness, and knew that she was one as well. The nurse checked her records, and saw that she had signed the statement. The nurse then came into her room and said "Did you know that you signed a statement stating you WOULD accept a blood transfusion?" She lied and said that she was signing so many papers when she got in that she must have made a mistake by signing it, and that it certainly wasn't her intention to do so. The nurse scolded her and told her how that could have created a huge problem for her, and the 'patient' said she would have to take care of it.

    The instant the RN used her position as a nurse to cross the line and approach this patient in her capacity as a JW, she went beyond her duties as a nurse and the ethics she is bound to uphold from a professional standpoint.

    The nurse is supposed to deal with a patient in a way that fosters trust (or fidelity), and immediately upon confronting the patient in this manner, the result was that the patient had to come up with a lie to cover for herself. The unprofessional behaviour of the nurse provoked distrust in those providing her care at that very moment.

    In addition, the nurse scolding the patient and telling the patient about the potential for creating a "huge problem for [the nurse]", is not the patient's problem, and it imposes an unfair burden on the patient to be coerced into a situation not of her choosing. Her autonomy as a patient has been compromised.

    The other ethical principles involved are non-malfeasance and beneficence which go hand in hand: the duty to remove or prevent harm from coming to the patient and the duty to take positive action for the patient's benefit. To the JW mindset, the nurse may have rationalized that approaching the patient the way she did was for the greater good of the patient and the congregation (and ultimately for herself). However, in a non-life-threatening situation, (as this was at that particular moment) it is not for the nurse to decide where the harm or benefit lies in the decision making process. The decision on harm vs benefit is the patient's to bear - and the nurse must respect the patient's autonomy in that decision making process, without coercing an opposite decision to be made.

    This is an extremely good example of why - if you are willing to accept blood transfusions or blood products - you must expunge any reference to being or having been a JW from all your medical records. Never disclose any JW affiliation on any hospital intake interview, and make sure you discuss with your physician that NO JW staff members are to be involved in your care while in hospital. You do not want them to be anywhere near your charts. I wouldn't trust a JW with my medical information if my life depended on it.

  • jessthebull
    jessthebull

    nice reply(s) scully

    My lecturers would have loved you

  • rebel8
    rebel8

    Gerard, again, no disclosure has been made. Plus violating a law does not automatically mean a lawsuit is possible.

    I agree what the nurse did was wrong and unprofessional, but that does not equal a violation of law or grounds for a lawsuit.

  • Scully
    Scully

    jess

    My profs loved me too. And now, whenever I take clinical students, they love me for drilling this stuff into their brains.

    And I talk to them about exactly this kind of ethical dilemma. If nothing else, they leave me with a good foundation of critical thinking.

  • Scully
    Scully

    rebel8

    While a lawsuit is probably over the top, I would certainly expect this "threat" to be dealt with and it needs to become part of the nurse's permanent personnel file.

    She is proving herself to be a liability to her employer.

  • jessthebull
    jessthebull

    Rebel

    I have to agree with scully on this, while i think that at this stage a law suit would be over the top and possibly not viable, a written complaint to the hospital and appropriate regulating nursing body would not go amiss.

    Scully

    You sound like you make a fabulous preceptor! I have only just finished my degree and registration, so im very much a baby nurse at the moment but I aspire to drill the importance of ethics into any unfortunate students that get me, as well as you do, someday

  • Lady Lee
    Lady Lee

    Scully

    Thank you again for that clarification.I was trying (very ineptly) to get to that thinking. Instilling fear never does the patient any good. Just the confrontation alone pushed my warning bells. The patient cannot feel safe and it is because of the unethical behavior of a JW nurse.

    So much for a certain other's person 's recent declarations of the ethical stand of the WTS and those who follow it.

  • rebel8
    rebel8

    jessthebull, Scully and I both said that. No disagreement there.

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