Introduction
The case addresses the liability nurses, surgeons, and other personnel suffer for the negligence of nurse anesthetists. In this case, it is always imperative to address the principles that govern a physician’s liability for a nurse anesthetist’s negligence since they are similar to those governing anesthesiologists. It is vital to note supervision, where need needed, is insufficient to make a physician liable. There are also different cases in which courts h have ruled that physicians are not liable for the negligence of a nurse anesthetist. The case study is about Mrs. LaCroix, who went to the hospital to deliver her first child but suffered brain damage after they failed to resuscitate her. During the Trial, McGehee stated that the emergency department did not know how to resuscitate pregnant women. LaCroix was awarded $8.8 million for damages. This essay will determine whether or not there was sufficient evidence to hold the hospital liable for medical negligence.
Facts of the case
Mrs. LaCroix went to the hospital to deliver her first child. After arriving at the hospital, Dr. Dulemba placed her under care before undergoing the cesarean section. During this time, she complained of experiencing difficulties in breathing severally. When Dr. MeGehee arrived realized she had problems breathing and asked Nurse Blankenship, a certified nurse anesthetist, if the patient was okay, and she said she was just nervous. Blankenship could not establish an airway in the operating room and asked another anesthesiologist to be called. Dr. Green was paged and went to the room where Dr. Dulemba had already started operating on her. When the child was delivered, she was not breathing and had to be resuscitated. Meanwhile, Blankenship was trying to establish an airway, but LaCroix’s pulse rate and pressure dropped, and she went into cardiac arrest. McGehee stated that the emergency department did not know how to resuscitate pregnant women. After Dr. Dulemba finished treating the child, he took control of the situation, but LaCroix suffered permanent brain damage.
Analysis of the case
The anesthesia group providing care at the women’s pavilion did not provide any anesthesia at the hospital. This is because it was controlled by another anesthesiologist group that had adopted some policies that restricted the practice of CRNA. For example, Blankenship could not establish an airway in the operating room and asked another anesthesiologist to be called. Dr. Green was paged and went to the room where Dr. Dulemba had already started operating on her. This also means that Blankenship did not have the authority to provide anesthesia care, and she could only do this under the direct and personal supervision of the physician.
Was the decision of the court correct?
Yes, the decision that the court of law took against the hospital was correct. This is because there was medical negligence in the case analysis since the patient did not receive treatment on time. For example, when Mr. LaCroix noticed his wife had difficulties breathing, the nurse said Mrs. LaCroix was nervous. He was even asked to move away from the operating room after realizing his wife’s condition was deteriorating. This was the first incident of medical negligence at the hospital. It is also important to note the doctors and nurses did not provide adequate care as expected, and the wrong intubation was done. The incident where the nurse was unable to create an airway shows that the hospital was incapable of managing emergencies despite the fact that there was a rapid response team. At the trial, McGehee stated that the emergency department did not know how to resuscitate pregnant women.
The hospital was supposed to be charged with medical negligence under the corporate criminal liability act. Cheluvappa & Selvendran (2020) assert that corporate criminal liability is the type of liability imposed in a corporation for criminal acts by a neutral person. The patient suffered from permanent brain damage due to difficulties in breathing. Even after informing the doctors, she had issues breathing, and nothing was done until she suffered a cardiac arrest. At the same time, medical negligence was evident through the malpractice of CRNA. First, she could not create an airway and could not also initiation intubation. Further, Dr. Dulemba also went ahead to perform the caesarian section with intubating Mrs. LaCroix until McGehee came to assist him.
Surprisingly, an emergency room physician did not know how to resuscitate a pregnant woman, yet these are cases the hospital could experience any day, any time. This is the situation that made the patient suffer from permanent brain damage. Due to these reasons, these professionals were liable for corporate liability, and the move to charge them with medical negligence was smart.
Conclusion
In conclusion, it is clear that medical professionals at the women’s pavilion were accountable under the corporate liability act. It was also suitable for the hospital to compensate Mrs. LaCroix $8.8 million for damages because it resulted from doctors’ medical negligence. Healthcare organizations are supposed to avoid such cases because, apart from causing harm to patients, their reputation gets affected negatively.
References
Cheluvappa, R., & Selvendran, S. (2020). Medical negligence-Key cases and application of legislation. Annals of Medicine and Surgery, 57, 205-211.
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