Critical Analysis

Critical Analysis

Medico-Legal Case Report and Commentary

This article has been written by Kathryn l. Tucker J. D. In this paper, the author presents us with a case in which an elderly individual, who is at the dying stages of his life, due to mesothelioma, has been provided with pain management therapy in an acute care hospital, as well as, in a nursing home. The case presents us with medico-legal characteristics (Syme, 2009). The elderly patient in this case, holds the hospital, nursing home and the physician, as being accountable for not providing him with appropriate therapy for pain management, through several complaints that he had submitted to the medical board of the state, the Center for Medicaid/Medicare Services, the state department of health services and in the state court.

Governments have initially established as a national priority. Since then, a long road has been traveled through successive reforms of the public health code, code of medical ethics, multiple circular Act of March 4, 2002 and the three plans to fight against pain. The philosophy of these texts is to relieve the patient's pain to better respect his dignity. Law of 4 March 2002 defined the content of the duty of care of the pain.

It follows from the provisions of Article L 1110-5 of the CSP that caregivers should strive to prevent pain, including pain during care (dressing, biopsy, rehabilitation, etc.).. The plan against pain 2002-2005 was, among other things, focused on the pain caused by surgery and care. To this end, this second plan reiterated the importance of developing the protocols defined in Circular No. 98/94 of 11 February 1999, whose interest is to respond quickly to a need, in this case soothe and prevent pain.

Patient information on the management of pain, the risk of pain caused by a treatment, finds its place in prevention. Indeed, a well-informed patient is a patient who is able to manage her pain, evaluate and be active in its management with health professionals. It does not worry the patient, but to inform the contributions of treatment but also their limitations, in particular to prevent any anxiety at the onset of pain.

Assessment of pain: The prescription of an analgesic is not an end in itself, it is still necessary to ensure its effectiveness for this, it is necessary to assess pain using existing devices and reassess treatment implemented (Syme, 2009).

Within its own role, the nurse assesses the patient's pain. If the nurse notes that the analgesic treatment administered to the patient is not sufficient, it shall inform the doctor may change or adapt it to the needs of the patient. In addition, it is important that the evaluation appears in the patient's medical record. Its management must be carried out with the utmost rigor, indicating the hours of assessment, listing (listing at rest and during mobilization quotation) and monitoring (Syme, 2009). If the input file by a forensic expert, the absence of any mention in the care record would suggest that the assessment has not been made ...