Did the Facility Have Sufficient Evidence to Suspend the Nurse?
I believe that the facility did not have sufficient evidence to suspend the nurse since they had suspicions that she spares some for herself yet they did not even review the computer to check whether or not she keeps the medicines. They only gave her time to explain her, and when the information did not tally with the computerized information and the medication administration record, they suspended her (McSherry, McSherry, & Watson, 2012). It means that they did not dig deep into the matter to find out what the discrepancy and did not give her much time to even defend herself but instead suspended her.According to Guido (2010), there are common due process rights of nurses that need to be followed before any action is taken. It means that the nurse was to be told about her mistake in written form before she could appear before the supervisors for any explanation. That means that she was to be given time to find out where the gap was and what caused it to be in a position to explain what transpired. They failed to do so but instead; they ended up suspending her before she could even follow any steps. They released her on a mere basis of an explanation on why the gap was identified (Guido, 2010). She was not given time to consult with the legal counsel on what ought to be done before she is released. With all the above, I feel that the facility did not have sufficient reasons or evidence to suspend the nurse from the employee. They did not have enough evidence on whether she took drugs; we are also not told whether there was a security camera in the room or not thus meaning that someone else could have taken more drugs and interfere with what was on the traditional paper.
How Should the Testimony of the Other Nurses in the Unit Affect the Outcome of This Case?
The medicines were said to be disappearing yet the testimony of other nurses say they sometimes forget to record the exact drugs dispensed. It means that sometimes they tend to give out more but record less thus drugs are purported to be missing, and it could be one of the factors affecting this nurse. They also prepare some drugs through IV and later dispose of when they are no longer needed thus interfering with the existing number (Guido, 2010). It, therefore, means that the testimonies given affect the outcome of the case in two ways. One, they positively affect the reported nurse since some narcotic drugs are wrongly recorded while others are disposed of off thus reducing the number. Two, it will negatively impact the facility that had reported her since they may be required to compensate her for defiling her name and also be charged with reporting a case without proper evidence. Lack of sufficient evidence before a case is presented in court is a waste of time for the court and it also negatively impacts on the accused. That means that the nurse could win the case while the facility would lose the case and after that, a penalty will be passed.
What Additional Questions Should the Institution Address Before the Court Rules in This Case?
The institution needs to find out the number of narcotics that existed before the accused was suspended with the discrepancy. They should also address the question on the criteria they use to detect that drugs were missing. They should also address the question of the time frame that the nurses take before they record the information (In Stanhope & In Lancaster, 2014). They should also address the issue of whether the electronic dispensing tool counts the drugs or not. Such questions if addressed will help get a clear picture of the ruling on the case beforehand. The security issue should also be addressed before the case is ruled out. It means that if they lack proper security, it may mean that someone else could be taking the drugs, yet the accusation falls on the nurse.
How Would You Have Ruled in This Case?
If I were the judge, I would have ruled out the case in favor of the nurse due to several reasons. The first reason is due to insufficient evidence that was provided in court. There is insufficient evidence since there are so many issues erupting from the witnesses who work in the same department with the nurse. Such issues include lack of proper documentation and disposal of some drugs that are not in use. The facility also fails to give evidence of how the nurse keeps the drugs for personal use but rather based on the fact that the electronic dispenser and the traditional form do not match (In Stanhope & In Lancaster, 2014). We are also not told whether or not there is security in the room where the drugs are kept. It, therefore, means that the drugs could either be missing due to theft from someone else or they could have been dispensed but wrongly recorded. Alternatively, they could have been disposed of as earlier claimed by the witnesses (Guido, 2010). Due to the above reasons, I would have ruled the case in favor of the nurse and would order that she be reinstated back with immediate effect since there was no evidence that she keeps drugs for her use.
References
Guido, G. W. (2010). Legal & ethical issues in nursing. Boston: Pearson.
In Stanhope, M., & In Lancaster, J. (2014). Public health nursing: Population-centered health care in the community. Maryland Heights, Missouri: Elsevier Mosby.
McSherry, W., McSherry, R., & Watson, R. (2012). Care in nursing: Principles, values and skills. Oxford: Oxford University Press.
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