question archive Analyse the case and answer the following questions; 1

Analyse the case and answer the following questions; 1

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Analyse the case and answer the following questions;

1.Which of the above NMBA Guidelines have been breached by the nurse and how?

  • Enrolled Nurse competency standards for practice
    Professional boundaries
    Professional practice guidelines
    Decision-making framework (DMF) including the nursing flowchart
    Re-entry to practice
    Registration guidelines
    Recency of practice
    Code of Ethics
    Code of Conduct

2. Who, in the case, is responsible for the Mandatory Reporting?
3. Which of the following Ethical Principals were amiss in each case and why? Autonomy, beneficence, non-maleficence, confidentiality, justice, rights and veracity.
4. What current Commonwealth and State/Territory legislation relate to the issues within each case?
5. If the EN in question had followed their duty of care, do you think the outcome of their case would have changed?
6. If the EN in question had followed the principals of open disclosure, do you think the outcome of their case would have changed?
7. Which of the following could have impacted on the case if there had/was one in place and why: power of attorney, living will and advanced directives.
8. Which of The National Safety and Quality Health Service Standards (NSQHS Standards), have not been adhered to in each case? What was the impact?
9. Were there any human rights/access to healthcare that were violated in these cases?
10. Give a brief reflection on your thoughts of each case and how you can relate what you have learnt into to your practice.

CASE:

Inquest into the death of Ms Shelley Young

Ms Shelly Young was a 65 year old woman who died at Manly
Hospital, Sydney on 29 September 2007. She died from choking on a
tangerine. She had been identified as a choking risk and as needing to
be supervised while she ate. She obtained the tangerine from a fruit
bowl that was left out for patients. 

Admission to Manly Hospital:
-Ms Young was seen in the emergency department on 20 September
2017 and was ultimately admitted to Medical Ward 1 with a
provisional diagnosis of delirium, potentially due to cellulitis or a
urinary tract infection. Because she required treatment for her
physical illness but also needed ongoing psychiatric care, Ms Young
was referred to the consultation liaison psychiatry team, a service
catering for the mental health assessment and treatment of patients
admitted to the medical and surgical wards of the hospital. Ms Young
regularly saw Dr Anna Bolliger, Staff Specialist Psychiatrist during her
admission and Dr Bolliger also had several discussions with Dr Alle (Ms
Young's community psychiatrist), with Ms McGregor and with the
admitting physician and treating team managing Ms Young's other
medical care on Medical Ward 1.
-Various pro re nata (PRN) medications were administered to Ms
Young across the course of this admission, in addition to the routine
medications she was taking at the time of her admission.
- In addition, at the time of admission Manly Hospital received and
included within their records, various documents from RSL Tobruk
which in turn included some material that had been provided by
Macquarie Hospital. This material included reference to Ms Young
being at risk of choking because of, amongst other things, her lack of
teeth, a swallowing/chewing disorder, reduced mastication and
impulsivity.
- A swallow assessment conducted on 18 September 2017 whilst Ms
Young was at RSL Tobruk, led to recommendations noted in the
records available to Manly Hospital, that Ms Young be fully supervised
at all time during meals and a soft moist food diet be trialled.
- Ms Young was supervised with her meals whilst a patient on Medical
Ward 1 and arrangements were made for Ms Young to be further
assessed via a formal speech review. The speech review did not,
however, occur.
- Ms Young was ultimately transferred to the Specialist Mental Health
Ward for Older Persons at Manly Hospital on 28 September 2017. She
was placed on Level 2 observations, requiring observation every 15
minutes.

On 29 September 2017 Ms Young spent some time with Ms
McGregor.
- On the same day Nurse Unit Manager (NUM) Muriithi contacted the
registrar on the treating team and requested a medical review
because she was concerned Ms Young might still be experiencing
delirium. Ms Young was reported to be agitated, walking around the
ward and knocking on windows. Ms Young was assessed by a Junior
Medical Officer who recorded the impression of resolving delirium on
a background of manic relapse of schizoaffective disorder.
- At some time around 1pm Ms Young was given 1 mg Haloperidol (an
antipsychotic) with some effect.
- According to the nursing observation charts Ms Young was observed
in the corridor at 1300 and 1315 and was back in her room at 1330
and 1345. The observation at 1400 had Ms Young in her room and
courtyard, perhaps she was walking between the two. At 1415 Ms
Young was seen in the corridor.
- At 1430 NUM Muriithi carried out a walk-thru of the ward and
discovered Ms Young in her room, slumped in a chair. She was
unresponsive. According to NUM Muriithi, when she discovered Ms
Young, she was seated peacefully and the witness' first impression
was that Ms Young had experienced a cardiac arrest.
- NUM Muriithi called for help, a call for the rapid response team was
made and CPR attempts continued until about 1535 that afternoon. 

During resuscitation and on direct laryngoscopy 4-5 pieces of
tangerine were seen in Ms Young's airway and removed.
Resuscitation was unsuccessful.
- At the request of Ms McGregor a limited autopsy was conducted,
limited to external examination and toxicology. The forensic
pathologist concluded that the cause of death was choking.
- The forensic pathologist informed this court that it is not uncommon
for first responders not to be able to see obstructing food boluses in
the airways, food could be too deep into airways and also the tongue
can obstruct their vision. She said that the possibility that the
tangerine originated from the stomach (in the course of CPR) cannot
be completely excluded however, based upon the medical records
that tangerine pieces were removed, that there was the absence of
upper teeth and limited lower teeth, past choking episodes,
documented choking risks, documented delirium and confusion,
eating without supervision and not eating soft foods, she determined
the cause of death as in keeping with choking
- On balance, for the reasons set out by the forensic pathologist I am
satisfied that the cause of Ms Young's death was choking.

 

The adequacy of steps taken to assess Ms Young's ability to swallow and supervise meals
during the admission to Manly Hospital:
- By the 1990s Ms Young had lost all but two of her teeth.
- Ms McGregor reports that in 2009 Ms Young was taken to Ryde
Hospital from Macquarie Hospital with a piece of apple lodged in her
throat.
- On 16 March 2016 an "alert" was entered in the LHD EMR recording
Ms Young "choked on food".
- The discharge summary from Macquarie Hospital on 18 July 2017 as
provided to RSL Tobruk identifies Ms Young's choking risk. This also
noted that Ms Young had returned to a full diet at the request of Ms
McGregor, despite the identified choking risk.
-Further problems were observed at RSL Tobruk. On 17 September
2017 Ms Young choked on her food at lunch prompting a speech
pathology assessment the next day.
- Ms Young then choked on a small piece of biscuit at Tobruk on 19
September 2017.
- There were several contributing causes: lack of teeth, tardive
dyskinesia (abnormal tongue movement likely due to the use of first
generation anti psychotics in particular), dysphagia (impaired
swallowing associated with multiple complications of anti-psychotic
use including impaired function of the musculature of the mouth,pharynx and oesophagus), and behaviourally, Ms Young's tendency at times to eat and talk at the same time.
- Manly Hospital were on notice of these problems with choking. The
records provided by RSL Tobruk included the speech pathology
assessment of 18 September 2017 which said, amongst other things,
"Other directives" Swallow AX 18/09/17 Ms Young presents with mild
predominately oral phase dysphagia on b/g of missing dentition and
cognitive issues associated with a mental health background. Due to
limited food trials today unable to ascertain extent of dysphagia and
impact missing dentition has on her mastication ability, however
given recent change in behaviour ?infection and recent choking
episode, she is to commence a soft moist diet with hard meats cut
finely and thin fluids in isolation. Softer meat alternatives such as
flake fish are appropriate. Please ensure she is FULLY SUPERVISED at
all times during meals and please ensure staff are reminding her not
to speak while eating. Sister Ms McGregor called and updated on
recommendations and outcome of ax. Recommendations: 1 soft
moist diet with all meats cut finely. Softer alternative provided if
available (flake fish and mix with sauce or soft processed ham) ALL
FOOD CUT FINELY 2. Ideally avoid all hard, dry, particulate, stringy,
gristly or mixed consistency foods. No bread or toast please until
further ax can be conducted. 3. Extra sauce to help keep moist and to
add flavour, 4. Thin fluids ideally in is olation 6. No dual consistencies
7. Medications as tolerated 8. FULL set up assistance 9. FULL
supervision with intake 10. To be 90 degrees upright with neck
fixation during and 30 mins post all intake 11. Rigorous oral care post
intake 12. Small mouthfuls at a slow pace encouraged (requires
prompting) 13. r/v 1/52 to check tolerance and adherence to regime.
Please contact SP immediately if signs of aspiration (coughing,  choking, throat clearing, wet voice) observed on current regime, if
chest declines or she is unable to swallow
- Ms Young had been transferred to Manly Hospital by the time her
follow up speech pathology review was due at RSL Tobruk.
- Dr Alle specifically raised this issue with Dr Bolliger who discussed it
with NUM on Medical Ward 1, Genevieve McKinnon. NUM McKinnon
recalled a discussion around Ms Young impulsively gulping food or
water, something she had observed for herself. She further told the
Court that Ms Young's swallowing risk was also an alert in the
Powerchart system which was the hospital electronic medical records
system.
- NUM McKinnon further noted that Ms Young was getting meals under
the 'blue mat/red mat' system. Because Ms Young was classified as
being 'red mat' that meant staff were alerted to the fact that the
meals were not to be delivered to Ms Young in person but rather only
a nurse could take a meal into her. In addition, Ms Young was being
'specialled' 1 to 1 during her time on Medical Ward 1.
- The treating doctors on Medical Ward 1 were alerted to the risk. An
entry in the EMR for Saturday 23 September 2017 referred to a
medical review by Dr Sanela Redzepagic saying nurses observed Ms
Young to eat well - no coughing or difficulty with food but that she
should have a formal speech pathology review on Monday (25
September 2017). No speech pathology review followed. 

-The London Protocol Report, dated 11 December 2017, observed
"despite the alerts to choking risk, and extensive documentation in
the consumers' EMR file regarding speech assessment findings and
recommendations of a soft diet, there was no nursing notes on the
medical ward apart from two references to diabetic diet that was
initiated on 21 September 2017"
- The handover from Medical Ward 1 to the Specialist Mental Health
Ward for Older Persons, including details of the increased risk of
choking, was patently inadequate.
- The London Protocol Report stated as follows "Nursing/clinical
handover from medical to older persons mental health unit did not
include speech/diet alerts nor history of two prior choking incidents
on the 18/09/17 and 19/09/17 nor care planning to ensure risk
mitigation. The older persons mental health unit inpatient admission
checklist has a prompt for diet but not for speech assessment. An RN
did make a referral for speech assessment on 29/09/17 at the same
time as referring five other patients however this was no recorded in
the consumer's EMR file."
- This omission at handover meant that no arrangements were in place
on the Older Persons Mental Health Unit to monitor Ms Young at
mealtimes or when eating.
- This was particularly important as Ms Young was in all probability still
experiencing delirium at the time of her transfer to the second ward.
Symptoms of delirium can fluctuate over time, including fluctuating
across any given day and so observations of delirium resolving are not 

reliable in isolation. Associate Professor Wijeratne emphasised that
delirium can be quite prolonged and was previously prolonged for Ms
Young during the RNSH admission.
- Furthermore, NUM Muriithi on the day that Ms Young died,
requested a medical review because she was concerned that Ms
Young was still experiencing some delirium.
7 Upon review Ms Young
was reported to be disoriented, emotionally labile and exhibiting
some psychiatric phenomenology. Continuing supervision of eating
was all the more important in that circumstance
- There was a fruit bowl on the Specialist Mental Health Ward.
- The inappropriateness of that fruit bowl, as arose in the case of Ms
Young, was that fruit was available to those who should have been
supervised whilst eating but who lacked the capacity to remember to
wait until supervised before helping themselves to a piece of fruit. 

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  1. The enrolled nurse's violation of nursing accountability and professional standards included the following: being held accountable for her own practice rather than delegating all responsibilities to the student nurse; providing clear direct guidance to the student on a complex care task;  practicing competently in relation to current knowledge in the management of delirium and instrumental activities of daily living; accepting responsibility for the actions of the student when acting as a mentor Competency Requirements:
  2. Physicians and registered nurses 
  3. Autonomy 
  4. Among the pieces of Commonwealth legislation that are relevant to this case are the sale of goods act, unfair contract terms law, and fair trade legislation.
  5. Yes
  6. Yes
  7.  Power of attorney and a living will 
  8. NSQHS 1-6 did not give Mrs. Young with quality and safety health services, which ultimately resulted in her death as a result. 
  9. violation of the patient's human right
  10. Speech and language therapy interventions

Step-by-step explanation

Question 1

  • Contributes to the safe and effective use and administration of medications of high grade. A patient with swallowing difficulties has been identified; as a result, this client should have received a high grade of care due to their low body weight. In accordance with the established requirements, Ms Young should have been provided with foods that were soft, easily digestible, and chopped into little bite-sized pieces. 
  • Giving oneself even the slightest degree of risk while eating was utterly unethical, reckless, and in violation of the Code of Ethics, as did failing to provide the customer with hot food in bite size pieces. Nurses who work in such a secluded environment may be considered clinically negligent in their behavior with persons who are less able to care for themselves or seek assistance when needed.

Question 2

  • Mandatory reporting by a health-care practitioner enables individuals who are concerned about the well-being of a child to bring their concerns to the attention of Community Services. Physicians and registered nurses are among the health-care professionals who are obligated to adhere to government regulations. 
  • Registered nursing personnel are responsible for communicating and ensuring that the actual progress or results of patients are communicated to the treatment team, to the patient and/or their family, and that this information is documented on a regular basis for the benefit of the patient. The mandatory reporting of patient outcomes is mandated by law, not only for the benefit of the patient, but also for the benefit of everyone else.

Question 3

  • In this case, autonomy was not achieved because Ms. Young should have been able to make her own decisions about which foods she could have on her own time. This is a violation of one's autonomy. Because of the lack of an evaluation of the scenario by the RN, neither beneficence nor non-maleficence were noted in the situation, and neither was taken into consideration when it came to nutrition for Ms. Young. 
  • When Ms Young shared notes with risk management and planning teams regarding her health and background, confidentiality was compromised since she was not given the opportunity to request confidentiality. When considering that Ms Young had fallen on several times and may have had an increased risk of falling as a result of delirium medication, but had not received correct treatment until much later, the issue of justice was raised. 
  • Her rights were also violated because they did not follow up on medical recommendations or if they believed she was unable to handle them on her own (such as the motion sickness medication). She was still moved around multiple times despite the fact that it was clearly noted that she should have additional evaluations before being moved into different care situations. 
  • This did not occur, and she did not receive physical therapy, which was recommended by the speech pathologist who had evaluated her. Her case was also lacking in veracity because the personnel did not provide an accurate narrative of what happened or even remember that she had been there.

Question 4

  • The negligence and other torts act, the civil responsibility regulations, and numerous other provisions relating to unfair contracts are examples of state and territorial legislation that is relevant to the problems raised in this lawsuit. 
  • Legislation of the Commonwealth: The Disability Discrimination Act of 1992 protects people with disabilities (DTHR) , HSOCPA, Victoria's Equal Opportunity Act 2010 governs the state and territory. Under the laws of the Commonwealth and each state/territory, every individual has the right to make decisions that will have an impact on their lives in whatever way is conceivable. 
  • Among the choices individuals may have to make are those regarding treatment, care, lifestyle, and where they will reside. There are three pieces of legislation that are relevant in all cases: the Health Insurance Act 1973, the HRIP Act 2002 as well as Privacy Act 1988,.

Question 5

  • Yes,  if the EN in issue had adhered to their duty of care, the outcome of their case would have been different, as Ms Young would have received the care that she needed to recover. This type of event is one of the reasons why we recommend that every patient who has visited a doctor after receiving any type of medication or therapy for a separate ailment be followed up with.
  • The outcome would have been different if the nurse had adhered to their duty of care in this situation. I believe that the nurse should have offered the woman with a more private environment and more time to eat during her visit.

Question 6

  • Yes, the outcome would have been different if the EN had followed the open disclosure policy instead. Having followed the principles of open disclosure and raising concerns with Kate and other members of the team, more suitable measures may have been taken to prevent Ms Young from suffering damage. 
  • She would not have died if the EN had taken his time and thought about how to provide the best treatment possible for Ms Young. If the record had been more detailed and there had been no missing information, the outcome of the case would almost certainly have been different. If the Team Leader had done a better job of analyzing the circumstances, they could have prevented this catastrophe and prevented the employee from working alone.

Question 7

  • Mrs. Young would have been able to make decisions about her health care, who would care for her children, and other important decisions if she had a power of attorney and a living will in place before she became ill. 
  • Because of Ms Young's current health condition, an advanced directive would have been beneficial in this situation and could have assisted in better managing her care.
  •  Depending on the level of incapacity of the patient, the advanced directive can become a part of their permanent medical record and be used as a guide on how to manage that individual's care in the future.

Question 8

  • To increase the quality of care and safety while also maximizing the outcome, the statement of compliance has outlined the essential adjustments as well as the procedures for putting them into effect. 
  • Safety and quality are the primary concerns of Standards 1 and 8. During a home visit by the general practitioner, the admitted patient was discovered lying unresponsive in the middle of the driveway. The patient has suffered significant damage as a result of the failure to provide appropriate care. 
  • It was the Commission that produced the NSQHS, which were designed to safeguard the public from harm while also improving the quality of health service delivery. They want to see ongoing improvement and consistency in the quality of health-care organizations throughout Australia, which is their goal.

Question 9

  • It was a violation of the patient's human right to be in a secure medicated environment. Human rights to healthcare were infringed in the case of the patient. Ms Young was subjected to human rights abuses and/or issues with access to care, including the refusal to send her to speech therapy and the failure to oversee swallowing, among other things. 
  • It is troubling to see how the health-care system can contribute to abuses and inadequate care in the community, as in the case of Ms Young. The fact that she had been in the hospital for several days prior to being discharged meant that her death could have been avoided. The system classified her as a high-risk patient on many occasions, but made little effort to meet her needs or address her concerns.

Question 10

  • Supporting the use of speech and language therapy interventions for persons suffering from delirium and dementia-related dysphagia in an acute hospital environment. One of the most important things I've learned is that the 'informative and enthusiastic tone' is far more engaging than the 'formal and informational tone.
  • When written in a professional and instructive tone, it comes out as highly bureaucratic. The content of what was said, on the other hand, was the same in both voices. This, I believe, reflects my regular demeanor as a physician. An involuntary admission to hospital can be made by their mental health professional if they are deemed incapable and the patient is admitted on the basis of an assessment with their carer. 
  • There are several circumstances in which it may not be suitable to admit someone involuntarily, such as when they have previously been admitted and have relapsed, or when they have recently returned from a trip overseas, where it may not be appropriate to admit someone involuntarily. In this situation, a mental health professional would be required to reevaluate and, if necessary, renew the order.