Did the technician do anything wrong given that the nurse was present?

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June 25, 2020
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Did the technician do anything wrong given that the nurse was present?

Home Healthcare Locked after Monday,
April 24, 2017 12:00 AM MDT. Must post first. Chapter 9. Scenario
(based on a real Florida case): A home healthcare and dialysis
nurse visited one of her home health patients and found him in a
weakened state. Concerned, she took the patient to a hospital
emergency room, and after several hours, the patient was admitted
to the hospital. In an effort to help and show concern for the
patient, the nurse followed the emergency room technician to assist
in transferring the patient. The technician’s duties included
transferring patients from gurneys to beds. The first step in a
transfer is to lock the two beds together. If there is no one
aiding in the patient transfer, the bed railing on the opposite
side must be in the upright position to prevent the patient from
rolling off the bed during the transfer. In this case, the
technician positioned the gurney next to the hospital bed to
facilitate a rolling transfer, but did not place the bed railing on
the opposite side in the upright position. The nurse stood at the
foot of the gurney while the patient was asked to roll from the
gurney onto the hospital bed. The nurse thought the patient was
about to roll off the far side of the bed, and she jumped across
the bed to grab him. When the nurse grabbed the patient, she felt a
sharp pain across her lower back, and severe pain radiating into
her left leg. Due to this injury, the nurse filed suit against the
hospital alleging negligence and medical negligence. Given these
facts, does the nurse have a legitimate basis for a negligence or
medical negligence claim? Why or why not? What duty did the
hospital owe to the nurse? Did the technician do anything wrong
given that the nurse was present? Did the nurse contribute to her
own injury? How? If you were the jury, how would you rule and
why?


 

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