View Part 1. Consider the events portrayed, the particular influences and pressures on the healthcare team, their responses and decision-making process, and your insights on the organizational culture from those actions.
View Part 2. Consider the alternative scenario presented. Apply the same process as you followed in Part 1 to analyze the decision-making process, and consider what can explain the different outcome from Part 1.
References:
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Order Paper NowFried, B. J., & Fottler, M. D. (Eds.). (2018). Fundamentals of human resources in healthcare (2nd ed.). Chicago, IL: Health Administration Press.
· Chapter 3, “The Legal and Ethical Environment” (pp. 51–86)
· Chapter 10, “Organized Labor” (pp. 264–295)
Gurchiek, K. (2017). In focus: Female employees are still asked about pregnancy plans. Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/behavioral-competencies/global-and-cultural-effectiveness/pages/in-focus-female-employees-still-asked-about-pregnancy-plans.aspx
Smith, A. (2019, May). How to respond to the spread of measles in the workplace. Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/pages/how-to-respond-spread-measles-workplace.aspx
U.S. Equal Employment Opportunity Commission (EEOC). (n.d.-a). Retrieved November 19, 2019, from https://www.eeoc.gov/
U.S. Equal Employment Opportunity Commission (EEOC). (n.d.-b). Charge statistics (charges filed with EEOC) FY 1997 through FY 2017. Retrieved November 19, 2019, from https://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm
Leadership, Ethics, and the Law
To Prepare:
Review the readings and videos in the Learning Resources on responding to legal and ethical issues in a healthcare setting.
The focus of your Discussion is the two-part video, Incident in the ER, in the Learning Resources. Follow this approach to viewing and reflecting on each part:
View Part 1. Consider the events portrayed, the particular influences and pressures on the healthcare team, their responses and decision-making process, and your insights on the organizational culture from those actions.
View Part 2. Consider the alternative scenario presented. Apply the same process as you followed in Part 1 to analyze the decision-making process, and consider what can explain the different outcome from Part 1.
Reflect on the legal and ethical issues illustrated in these two scenarios. As a nurse executive, what principles can you garner from this comparison to guide your legal and ethical decision making in a healthcare setting? How would you use your leadership role to guide others in positions of power and decision making on patient care and team interaction?
Incident in the ER – Scene 2
Program Transcript
MALE SPEAKER: Now let’s revisit the same scene. Only this time, the director of emergency services is able to report to me that the hospital’s medical team made all the right moves and handled the emergency room visit of Mr. Jimenez and his daughter without any policy errors.
Our meeting precedes just as it did the first time, until she reports that Mr. Jimenez refused to be operated on, and his daughter demanded that the amputation be performed at once, or she would sue the hospital.
That must have been quite a scene.
FEMALE SPEAKER: Yes.
MALE SPEAKER: Then what happened?
FEMALE SPEAKER: Well, the nurse wisely intervened. She made a note in the report that the patient was disoriented due to his respiratory condition and that he only suffered from mild dementia. She informed Dr. Jason that the patient would be more lucid if he were transferred to award where he could receive proper care for as respiratory problem. Dr. Jason agreed and said that the wound was not an emergency.
The patient was then transferred to the ward, and he received antibiotics for the wound as well as for the respiratory condition. Dr. Jason has also arranged to consult with the infectious disease doctor in the morning to determine the level of urgency in the care of the wound.
MALE SPEAKER: Good move.
FEMALE SPEAKER: I agree. Even though the daughter was threatening to sue the hospital, the nurse saw the need to first determine the mental capacity of Mr. Jimenez.
MALE SPEAKER: So what’s next?
FEMALE SPEAKER: Well, that’s what I want to confirm with you so that we have complete transparency.
MALE SPEAKER: What do you have in mind?
FEMALE SPEAKER: My recommendation, following hospital policy, is that the doctor will talk to Mr. Jimenez and determine his mental capacity. He’ll use the Mini-Mental instrument to determine a treatment plan. Bottom line, we want to make sure that Mr. Jimenez understands the treatment plan, its risks, its alternatives, as well as its consequences.
MALE SPEAKER: Good.
FEMALE SPEAKER: Next, I intend to talk with the family. I’d like to talk to the daughter regarding her role, if any, about her father’s competency, and her alleged medical neglect or abuse as the custodian of his care. I’ve scheduled an emergency ethics committee consult, as well, for today. I would like a plan from the social worker, as well, to investigate whether we should report the daughter to the state for possible elder abuse or medical neglect. Her findings should be made f to the hospital as well.
MALE SPEAKER: Well, it sounds like you have covered all the bases. I think your staff has done a great job.
FEMALE SPEAKER: They have. It was a tough situation for any ER team to have to face, but they made all the correct ethical decisions. They kept the patient in focus. I’m proud of them.
MALE SPEAKER: You should be. Well done.
FEMALE SPEAKER: Thanks.
Incident in the ER – Scene 2
Additional Content Attribution
MUSIC:
Creative Support Services
Los Angeles, CA
Dimension Sound Effects Library
Newnan, GA
Narrator Tracks Music Library
Stevens Point, WI
Signature Music, Inc
Chesterton, IN
Studio Cutz Music Library
Carrollton, TX
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