Question Answered step-by-step A few days after a patient’s spinal disc surgery, the surgeon… A few days after a patient’s spinal disc surgery, the surgeon discov-ered that he had used pediatric rather than adult pedicle screws during the spinal fusion surgery. He promptly informed the patient of the error, urging the patient to have the surgery redone because the screws used were inappropriate for a person of her height and weight. She was, he said, at risk for the screws to fail, causing potential new injuries. The patient and her husband sued the sur-geon, the physician who assisted the surgeon, and the hospital. In the case, the plaintiffs noted that the sales representative for the company that had manufactured and supplied the hard-ware and screws necessary for the procedure had brought com-plete sets to the central supply area. Someone in the central supply area had sent the correct hardware, but the incorrect size of screws, to the operating room for the patient’s surgery. The circu-lating nurse and the surgical assistant had merely passed the incorrect screws to the surgeon when he asked for those pieces of equipment. No one in the operating area caught the error at the time of the surgeryAlong with a malpractice claim against the two surgeons involved in the case, the patient is alleging a corporate liability claim. Her contention is that the hospital has a legal responsibility for proper selection of supplies, instruments, and equipment used in treating patients who enter the hospital. QUESTIONS 1. Under the principle of corporate liability, is there a valid claim in this case? 2. Is the corporate liability of the hospital contingent on a find-ing that the surgeons were liable for the error in using smaller screws than were indicated for an adult patient? 3. Is there liability on the part of the nurses in this instance? 4. Do contract principles apply in this case, in that the hospital had a contract with the company that supplied the equipment/hardware? 5. How would you decide this case? Health Science Science Nursing NUR 342 Share QuestionEmailCopy link Comments (0)
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