1. a) Describe the ethical and legal issues presented in this case. b) Describe
ID: 240266 • Letter: 1
Question
1.
a) Describe the ethical and legal issues presented in this case.
b) Describe how the physician's professional code of ethics was breached.
c) For this situation, what would your recommended course of action be?
For this situation, what would your recommended course of action be?
ATIENTS AND STAFF FROM SEXUAL ASSAULT pitals are expected to protect patients and staff from sexual assault. A claim that a tal was negligent in preventing such an assault will succeed only if such an assault is foresee- able. Such was not the case in following example. hospi CASE: SExuAL ASSAULT IN THE REcovERY RooM The plaintiff was recovering from vaginal surgery. A surgical resident, employed by the hos- pital sexually assaulted her during her recovery. There is no dispute about the assault or the resident's liability. The question here is whether the hospital may be liable under a theory of vicarious liability or for negligence in its duty to protect the plaintiff. The plaintiff, under the effects of anesthesia following surgery, was placed in a small four-bed recovery room. Nurse R, accompanied by another nurse, admitted the plaintiff to the unit and monitored her vital signs. Minutes later, the nurses turned their attention toa second patient who had been placed on an adjacent bed two feet away by Nurse G, their supervisor. Privacy curtains between the plaintiff and the second patient had not been drawn and were soon joined ery room and went to the plaintiff's bed. He was not one of the physicians listed on the plain- tiff's chart, and none of the nurses knew him. According to the plaintiff, she awoke to find exam," which A surgical resident wearing hospital scrubs and an identification badge entered the recov was contraindicated in light of the nature of the plaintiff's surgery. The plaintiff tried to sit u and cover herself with the gown and repeatedly asked him to stop. On her third plea, the phy- sician hastily began to leave the recovery room. After the plaintiff complained to the nurses about what had taken place, the supervising nurse confronted the resident, who admitted that the resident pulling up her hospital gown and performing an "internal pelvicExplanation / Answer
Here in above case,the resident must visit the patient along with the female witness especially for pelvic examination.As physician failed to do this against to hospiatal policy,moreover particular physician is not in Plaintiff's physician list.
here we have duty nurse report, who have been complained about to this situation.
Another possibility for getting clarity about information is checking CCTV footage if availbale.
All of the above,as the patient personally complained about issue,it must be considered seriouly,unless patient do not have any psychological disturbances because of anaesthesia effect after the surgery.
based on the mental condition of the patient it can be proceeded and objective clues also helps in confirming the culprit.
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