Criminal Prosecution For Nursing Errors | Assignment

Verified

Added on  2022/09/24

|5
|1194
|20
AI Summary

Contribute Materials

Your contribution can guide someone’s learning journey. Share your documents today.
Document Page
1The allegations that Ms. McKay endorsed a wrong dose to a patient can be considered
invalid based on several factors. The hospital is organized in terms of management with no
authorization of intruders from outside, an implication that the two patients' passing away could
only be based on members operating within the hospital. 2Therefore, the allegations to be
brought before the court should have a solid background before complaining against the victim.
The deadly incident occurred on date 16 November 2018 in a Ward that the victim was
carrying on her duty. 3There were two people in charge of that ward unit on that day, a care
service employee (CSE) and a registered nurse (RN). The presence of two individuals in that
unit first brings questions as to who could have committed the crime because none of them can
be proved righteous in this case. The dead victims were in a state of coma and hence could not
complain even if there was an intrusion of a different attendant.
4There are chances that CSE could have endorsed the drugs into the patients without
background knowledge of Ms. McKay since the two patients were in a state of coma and could
not give evidence of who intruded into their chambers for the dose. 5Similarly, there could be
chances that a registered nurse came to inject the drugs when the nurse in charge is unaware.
Such a claim is raised only when the two victims had been in bad terms with an outside who
used could use one of the nurses to inject the drug.
The death incidence of the two patients occurred in coincidence with the electronic
failure of the doors. The doors could thus be opened by any nurse to get access to the units.
1 The Queen v. McKay (supreme court of Victoria).
2 Act, E. (2008). Evidence Act 2008 (Vic
3 Ranson, D. (2010). The Coroners Act 2008 (Vic): a medical investigator's perspective. Journal of law and medicine,
17(4)
4 Cady, R. F. (2009). Criminal prosecution for nursing errors. ONA'S healthcare law, ethics and regulation, 11(1),
5 Griffith, R., & Tengnah, C. (2020). Law and professional issues in nursing. Learning Matters

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
6Questions may arise that, why could the death incident not occur before electronic failure? Why
is it that death only happened when there was a failure in the opening door system? However
much there are complaints against the victim, a verdict can't be reached to sue her. She has been
in care for these patients for six months without any death issues arising.
There had not been an electronic failure before. The victim could, therefore, be used as a
tool to hide the real culprit of this offense.
7We are also addressed from the allegations that the patients were not treated with the
insulin, and this also tells us that the sued victim is not responsible in this case. She had been
treating these patients for six months and could not make such a mistake of misusing a different
drug for the treatment of a patient who ailment was never related to that drug.
Even if it was a case of a mistake, then the nurse could have used a drug that is related to
some way with the ones used to treat other patients. 8Insulin drug was not only available in that
ward section as different units could have insulin. Therefore, any of the nurses could come in to
inject the two victims causing their death.
9There is another allegation that only RN's had keys to the locked cupboards. This
allegation cannot only be used against MS. McKay to prove that she is guilty of the offense.
Other wards also had their cabinets, which contained the same types of drugs. The chances are
6 The Queen v. McKay (supreme court of Victoria).
7 Cady, R. F. (2009). Criminal prosecution for nursing errors. ONA'S healthcare law, ethics and regulation, 11(1),
8 Griffith, R., & Tengnah, C. (2020). Law and professional issues in nursing. Learning Matters.
9
Document Page
that another nurse could obtain the insulin drug from a different cupboard within the wards,
come and endorse it then leave with the syringes, thus making it difficult to trace who operated.
10Another view of such an issue is that one of the nurses present during that shift could
use the CSE in charge of that ward to go and inject the insulin into these two patients. Deaths of
the two patients are also of concern as only the two died in the whole department. In case the
accused got involved in this issue, she could have endorsed all patients in that unit with the drug
since it could be considered as a general mistake. However, there are only two victims who died
in the whole ward, an indication that a third party could be taking part in this matter.
11Death allegations brought before the accused have no essential background as to why
the accused could have done this. 12The two parties are independent, having only a connection
along their lines of duty. A person can't cause harm or misuse her only source of income by
mishandling the patients or treating them in a way that is not descent.
It is a ubiquitous feature that people of old age are prone to cause troubles, especially
when they are in pain. The accusation could only be brought based on the patients' allegations
against the accused concerning the mistreatment. 13The charge, however, is understandable
concerning such a line of job since not all the patients can be contented in the manner in which
the accused treated them.
In addition to these, the accused is not guilty of this code of behavior. She is even not
sure of such an act, as evidenced when her boss calls her to ask if she committed the offense. In
case the accused was involved in this matter, then she could have quit the job and go into hiding
10 Slapper, G. (2018). Blood in the bank: Social and legal aspects of death at work
11 The Queen v. McKay (supreme court of Victoria).
12 Griffith, R., & Tengnah, C. (2020). Law and professional issues in nursing. Learning Matters
13 Cady, R. F. (2009). Criminal prosecution for nursing errors. ONA'S healthcare law, ethics and regulation, 11(1)
Document Page
as a means off avoiding to face the law. On the contrary, the accused is in her place of residence,
unaware of what happened back in the hospital.
14Considering all the issues raised against the accused, it is evident that she never took
part in the killing action. 15The accused should, therefore, be regarded as innocent as far as the
death issue is concerned and should not be compromised of performing her duties as a nurse in
the hospital. She should also not be taken to jail as this is just a mere accusation.
14 The Queen v. McKay (supreme court of Victoria).
15 Griffith, R., & Tengnah, C. (2020). Law and professional issues in nursing. Learning Matters.

Secure Best Marks with AI Grader

Need help grading? Try our AI Grader for instant feedback on your assignments.
Document Page
Bibliography
Act, E. (2008). Evidence Act 2008 (Vic.
Cady, R. F. (2009). Criminal prosecution for nursing errors. ONA'S healthcare law, ethics and
regulation, 11(1), 10--16.
Griffith, R., & Tengnah, C. (2020). Law and professional issues in nursing. Learning Matters.
Ranson, D. (2010). The Coroners Act 2008 (Vic): a medical investigator's perspective. Journal
of law and medicine, 17(4), 487--492.
Slapper, G. (2018). Blood in the bank: Social and legal aspects of death at work.
The Queen v. McKay (supreme court of victoria).
1 out of 5
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]

Your All-in-One AI-Powered Toolkit for Academic Success.

Available 24*7 on WhatsApp / Email

[object Object]