Running head: LEGAL ASPECTS 1 Legal aspects Malodree Johnson MHA 622 Health Care Ethics & Law Robert Smiles - 1 - [no notes on this page] Running head: LEGAL ASPECTS 2 Legal aspects Introduction The citizens of United States of America seek medical care when they are under detriment to their health. The healthcare centers that are visited to seek medical treatment are the medical facilities like the hospitals. This is the places where the meet professionals who tend to take care of them so as they can gain their health back by passing through step by step appropriate measures to ensure you are cured. In an advent of a malicious cause of death into the patient life like that of Mr. Ard, and inquisition is necessary so as to avoid the same mistake when dealing with another patient in the future. As discussed below is a legal aspect of the death of Mr. Ard which was reported and filed in the court for the damages which were cost by the hospital in offering the medical service. What happened? On May 20th, Mr. Ard who was seeking medical assistance from East Jefferson General Hospital where he was experiencing pain and shortness of breath. In an attempt to help in terms of medication, he was administered a nausea medication by the nurse because he was too nauseated but the medication did not help nausea that the as the situation worsened with time. After some time, Mr. Ard could not breathe irking Mrs. Ard to press severally the call button for approximately 1.25 hours before a nurse really picked up the call. Unfortunately, it was too late - 2 - 1 1. The citizens of United States of Malodree, be sure to indent the first sentence of each paragraph per/APA formatting. [Robert Smiles] Running head: LEGAL ASPECTS 3 as the patient was already in distress making the nurse to declare a distress code however the patient did not survive (Pozgar & Santucci, 2016). Why did things go wrong? In dealing with the condition of Mr. Ard, things went wrong when the nurse and the doctor had a patient experiencing an aspiration problem but did not take measures which are appropriate in an event of respiration distress. In accordance to an expert in general nursing, it states that the nurse was aware of the condition of the patient since the doctors’ progress note showed that Mr. arb was a high-risk patient because of his aspiration. What were the relevant legal issues? The medical facility caused a number of legal infractions causing the death of the patient. The relevant legal issues that were available include the no nurse or doctor came to see the patient for almost 1.25hours during the ringing of the phone contributing to his death. Mr. Ard life would have been saved if the nurse would have taken appropriate assessment this results on the side of the nurse malpractice. Additionally, the nurse failed to conduct a swallow assessment of the patient at any time the patient puked. The ...

1. Running head: LEGAL ASPECTS 1
Legal aspects
Malodree Johnson
MHA 622 Health Care Ethics & Law
Robert Smiles
- 1 -
[no notes on this page]
Running head: LEGAL ASPECTS 2
Legal aspects
Introduction
The citizens of United States of America seek medical care
when they are under detriment to
their health. The healthcare centers that are visited to seek
medical treatment are the medical
facilities like the hospitals. This is the places where the meet
professionals who tend to take care
of them so as they can gain their health back by passing through

2. step by step appropriate
measures to ensure you are cured. In an advent of a malicious
cause of death into the patient life
like that of Mr. Ard, and inquisition is necessary so as to avoid
the same mistake when dealing
with another patient in the future. As discussed below is a legal
aspect of the death of Mr. Ard
which was reported and filed in the court for the damages which
were cost by the hospital in
offering the medical service.
What happened?
On May 20th, Mr. Ard who was seeking medical assistance from
East Jefferson General Hospital
where he was experiencing pain and shortness of breath. In an
attempt to help in terms of
medication, he was administered a nausea medication by the
nurse because he was too nauseated
but the medication did not help nausea that the as the situation
worsened with time. After some
time, Mr. Ard could not breathe irking Mrs. Ard to press
severally the call button for
approximately 1.25 hours before a nurse really picked up the
call. Unfortunately, it was too late

3. - 2 -
1
1. The citizens of United
States of
Malodree, be sure to indent
the first sentence of each
paragraph per/APA
formatting. [Robert Smiles]
Running head: LEGAL ASPECTS 3
as the patient was already in distress making the nurse to
declare a distress code however the
patient did not survive (Pozgar & Santucci, 2016).
Why did things go wrong?
In dealing with the condition of Mr. Ard, things went wrong
when the nurse and the doctor had a
patient experiencing an aspiration problem but did not take
measures which are appropriate in an
event of respiration distress. In accordance to an expert in
general nursing, it states that the nurse

4. was aware of the condition of the patient since the doctors’
progress note showed that Mr. arb
was a high-risk patient because of his aspiration.
What were the relevant legal issues?
The medical facility caused a number of legal infractions
causing the death of the patient. The
relevant legal issues that were available include the no nurse or
doctor came to see the patient for
almost 1.25hours during the ringing of the phone contributing to
his death. Mr. Ard life would
have been saved if the nurse would have taken appropriate
assessment this results on the side of
the nurse malpractice. Additionally, the nurse failed to conduct
a swallow assessment of the
patient at any time the patient puked. The patient was never
done a full assessment resulting in
the death of the patient died within nurse’s scope. The nurse
again failed to check the patient
aspiration even though the doctor's progress note indicated that
the patient is at great risk due to
his respiration.
How could the event have been prevented?
The unfortunate death of Mr. Ard could have been prevented if

5. only the nurse could have done a
full assessment of the patient. Observing the nurse, it appears
the nurse obviously did not read
the patient's physician progress to let him or her know that the
patient was really under high risk,
- 3 -
1
2
1. as the patient was
already in distress making
the nurse to declare a
distress code however the
patient did not survive (
Pozgar & Santucci, 2016).
Malodree, you provided
excellent cited content;
however, be sure to also
provide an analysis after the
cited information such as

6. when, where, how, why, or
who is affected by the cited
content? [Robert Smiles]
2. patient experiencing an
aspiration problem but did
not take measures which
are appropriate in an event
of respiration distress. In
accordance to an expert in
general nursing, it states
that the nurse was aware of
the condition of the patient
since the doctors’ progress
note showed that Mr. arb
was a high-risk patient
because of his aspiration.
What were the relevant
legal issues?

7. The medical facility caused
a number of legal
infractions causing the
death of the patient. The
relevant legal issues that
were available include the
no nurse or doctor came to
see the patient for almost
1.25hours during the
ringing of the phone
contributing to his death.
Mr. Ard life would
have been saved if the
nurse would
Malodree, how do you know
this information? According
to? Keep in mind, your APA
papers are research papers,

8. not opinion based papers,
thus the need to back up your
claims with in-body citations.
[Robert Smiles]
Running head: LEGAL ASPECTS 4
therefore, she would have dedicated her time and assessed the
patient in a step by step measures
lengthening the patient’s life. The time that was lost in the
calling of the nurse when in panic
would have saved the patient instead of responding to the call
past 1.25 hours which led to
deterioration the health status. This would have saved time to
put the patient into the respirator to
help the patient on breathing caused by trouble in breathing
which could have ensured the
appropriate actions being undertaken to avert the disarray which
caused the death of the patient.
What is your verdict?
Mrs. Ard is entitled to malpractice compensation according to
my verdict. This because the death
of his husband, Mr. Ard was due to the actions caused by the

9. hospital and the nurse. There are
many signs of negligence by the nurse like the long waiting
time in the panic button on the
excuse of being busy, lack of concentration the patient’s
physicians progress which would have
let her know the status of the patient and even know the
measured in a step by step way during
the assessment ensuring that the patient was put on a respirator
which could have saved the
patient (Wolper, 2004). On the other hand, the hospital too is
held liable since are supposed to
provide adequate care to the patient to ensure their safety
(Rostant, 1999). In this hospital, the did
not offer the patient care by not availing enough number of
nurses to take care of patients to
avoid loss of time like the one of Mr. Ard for almost 1.25hours
which lead to herself.
Conclusion
In conclusion, the importance of understanding the
responsibility of a medical staff is necessary
for the medical facility I saving someone’s life. In the death of
Mr. Ard life, it is evidential that
negligence and misappropriation cost the life of Mrs. Ard
husband. This explains why every

10. detail in the hospital in a step by step measured in assessing a
patient is crucial in playing of
- 4 -
1
1. therefore, she would
have dedicated her time
and assessed the patient in
a step by step measures
lengthening the patient’s
life. The time that was lost
in the calling of the nurse
when in panic
would have saved the
patient instead of
responding to the call past
1.25 hours which led to
deterioration the health
status. This would have

11. saved time to put the
patient into the respirator to
help the patient on
breathing caused by
trouble in breathing which
could have ensured the
appropriate actions being
undertaken to avert the
disarray which
Again, how do you know this
information, be sure to
include cited information, your
paper reads as an opinion
based paper. [Robert
Smiles]
Running head: LEGAL ASPECTS 5
having a person’s health gained. The medical staff should
ensure that all the patients they receive

12. are offered ultimatum services for their survival. This will make
people to feel safe in the
hospital when they seek medical services in the hospitals since
surety are ensured for them till
they get better.
- 5 -
[no notes on this page]
Running head: LEGAL ASPECTS 6
Reference
Pozgar, G. D., & Santucci, N. M. (2016). Legal aspects of
health care administration.
Rostant, D. M. (1999). AWHONN's liability issues in perinatal
nursing. Lippincott Williams &
Wilkins
Wolper, L. F. (2004). Health care administration: Planning,
implementing, and managing
organized delivery systems. Sudbury, MA: Jones and Bartlett
Publishers.
- 6 -
[no notes on this page]

13. Week 1 - Assignment
Health Care System in Turmoil
Discuss why the current health care system is in turmoil.
Identify two major problems of health care and analyze the
impact of each of the chosen problems on consumers and the
community. Describe the benefits and risks of national health
insurance.
Your paper must be three to five double-spaced pages
(excluding title and reference pages) and formatted according to
APA style as outlined in the Ashford Writing Center. Utilize a
minimum of three scholarly and/or peer-reviewed sources (not
including your course text) that were published within the last
five years. All sources must be documented in APA style, as
outlined in the Ashford Writing Center.
Carefully review the Grading Rubric (Links to an external
site.)Links to an external site. for the criteria that will be used
to evaluate your assignment.
Week 2 - Assignment
Respondeat Superior
Discuss Respondeat Superior including the following
components:
a. Introduction that includes the thesis statement (Content
criteria #1)
b. Describe the meaning of the legal doctrine, Respondeat
Superior. (Content criteria #2)
c. Provide at least two examples of cases where the doctrine
was applied and analyze whether or not the doctrine was applied
fairly to each of the examples. (content criteria #3)
d. Conclusion (included in #1)
Your paper must be three to five double-spaced pages
(excluding title and reference pages) and formatted according to
APA style as outlined in the Ashford Writing Center. Utilize a
minimum of three scholarly and/or peer-reviewed sources that

14. were published within the last five years. All sources must be
documented in APA style, as outlined in the Ashford Writing
Center.
Carefully review the Grading Rubric (Links to an external
site.)Links to an external site. for the criteria that will be used
to evaluate your assignment.
Week 4 - Assignment
Virtues and Values
For this assignment differentiate virtues from values. Discuss
the characteristics of both.
a. How do they affect one’s character? How are they acquired?
How can they be helpful in resolving health care ethical
dilemmas? (content criteria #2)
b. Identify and discuss a health-related case in which virtues
and values played a part. Discuss application/and interpretation
of these virtues and values in your selected case. (content
criteria #3)
c. Make sure you have an Introduction and Conclusion (content
criteria #1).
Your paper must be three to five double-spaced pages
(excluding title and reference pages) and formatted according to
APA style as outlined in the Ashford Writing Center. Utilize a
minimum of three scholarly and/or peer-reviewed sources (not
including the course textbook) that were published within the
last five years. All sources must be documented in APA style,
as outlined in the Ashford Writing Center.Carefully review
the Grading Rubric (Links to an external site.)Links to an
external site. for the criteria that will be used to evaluate your
assignment.Week 3 - Assignment
Legal Risks of Nurses
Analyze the case of Mrs. Ard on page 259 of Legal Aspects of
the textbook. Answer the following questions:
a. What happened?
b. Why did things go wrong?
c. What were the relevant legal issues?

15. d. How could the event have been prevented?
e. What is your verdict?
Your paper must be three to five double-spaced pages
(excluding title and reference pages) and formatted according to
APA style as outlined in the Ashford Writing Center. Utilize a
minimum of three scholarly and/or peer-reviewed sources that
were published within the last five years. One may be the
course textbook and two must be from one of the databases in
the Ashford University Library. All sources must be
documented in APA style, as outlined in the Ashford Writing
Center.
Carefully review the Grading Rubric (Links to an external
site.)Links to an external site. for the criteria that will be used
to evaluate your assignment.
CHANCE OF SURVIVAL DIMINISHED
On the afternoon of May 20, the patient, Mr. Ard, began feeling
nauseated. He was in pain and had shortness of breath. Althoug
h hiswife rang the call bell several times, it was not until someti
me later that evening that someone responded and gave Ard med
ication forthe nausea. The nausea continued to worsen. Mrs. Ard
then noticed that her husband was having difficulty breathing.
He was reelingfrom side to side in bed. Believing that her husba
nd was dying, she continued to call for help. She estimated that
she rang the call bellfor 1.25 hours before anyone responded. A
code was eventually called. Unfortunately, Mr. Ard did not surv
ive the code. There was nodocumentation in the medical records
for May 20, between 5:30 PM and 6:45 PM, that would indicate
that any nurse or physicianchecked on Ard’s condition. This fin
ding collaborated Mrs. Ard’s testimony regarding this time peri
od.
A wrongful death action was brought against the hospital, and t
he district court granted judgment for Mrs. Ard. The hospital ap

16. pealed.
Ms. Krebs, an expert in general nursing, stated that it should ha
ve been obvious to the nurses from the physicians’ progress not
es thatthe patient was a high risk for aspiration. This problem w
as never addressed in the nurses’ care plan or in the nurses’ not
es.
On May 20, Ard’s assigned nurse was Ms. Florscheim. Krebs st
ated that Florscheim did not perform a full assessment of the pat
ient’srespiratory and lung status. There was nothing in the recor
d indicating that she completed such an evaluation after he vomi
ted. Krebsalso testified that a nurse did not conduct a swallowin
g assessment at any time. Although Florscheim testified that she
checked on thepatient around 6:00 PM on May 20, there was no
documentation in the medical record. Ms. Farris, an expert witn
ess for the defense,testified on cross-
examination that if a patient was in the type of distress describe
d by Mrs. Ard and no nurse checked on him for 1.25hours, that
would fall below the expected standard of care.1