Case Analysis
Case Analysis
Case Analysis
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The Department of Health (DOH) is investigating reports that a newborn died at the Cotabato
Regional Medical Center in Cotabato City due to the negligence of a nurse who allegedly
ignored the mother’s call for help. Local News reported that Marnilyn Galapin, 27, of Upi,
Maguindanao, complained that her child died when a nurse did not respond to her call for help
when she was laboring last May 20. Galapin reportedly told the nurse that she was about to give
birth but the nurse instead allegedly reprimanded her. She delivered the baby on her own but the
baby slipped from the bed and dropped on the floor and died. The hospital reportedly denied
this, claiming that the baby was born prematurely. Galapin reportedly complained that the nurse
ignored her because she belongs to an indigenous group Teduray. It is assumed at this point that
The ethical standards of nursing care declares that nurses should practice care and deliver
service with the proper and equitable procedures to patients with various ages, race, ethnicity and
culture. With competence and compassion at hand, nurses are expected to apply the principles of
nursing ethics and observe the law in attending to the needs of every patient in the healthcare
setting, with beneficence, nonmaleficence, justice and autonomy are upheld in every
circumstance. Negligence is a general behavior that fails to meet the level of care that is required
of the patient and being accused is a dreadful obstacle to a nurse’s profession. Under the 1987
constitution, Article 2, Section 17 promulgates that "The State shall protect the right to health of
the people and instill health consciousness among them". The core feature of this case provides
the negligence of a nurse towards the call of a patient who is in dire need of assistance in giving
birth at a hospital.
In this case of Marnilyn Galapin, a 27-year-old pregnant woman from Upi, Maguindanao,
arrived at the hospital and yelling in pain as she was experiencing extreme pain in the stomach
due to contractions. It was allegedly reported that the nurse at the Cotabato Regional and
Medical Center reprimanded Galapin for shouting, even stating “Wala ka sa palengke”. After
being ignored by the nurses, the mother narrated that she gave birth on her own and the baby
slipped and fell on the floor, in which this is the only time that the nurse attended to her.
Galapin’s testimony states that the act of negligence arose from the assumption that she belongs
to an ethnic group called Teduray. Under the rules of evidence, this statement by Galapin is a
subjective point of view and if taken up in court, this testimony is inadmissible as it is a form of
evidence formulated by an opinion, unless the witness is qualified as an expert witness and was
objectively stated by the defendant (Chin, et. al., 2017). Another immaterial action that is not
recommended in the case is the diagnosis of premature birth that resulted the baby’s death.
Regardless of the diagnosed condition of the infant, it was clear that malpractice had occurred
and nurses did not respond to the call. In a trial, the case cannot be decided based on assumptions
and manifestations, as every case is judged through facts and supporting evidences. In
determining the strengths of this case, Andong (2014) reported that the management will deem
the incident as a pathway in improving the nursing services of the hospital and implement strict
rules regarding nursing practice and ethical considerations. Moreover, the release of the results
of the alleged negligence and incident was assured by the healthcare management as soon as the
DOH completed its investigation. Thus, the case was handled ethically and fairly as the chief
nurses will not tolerate any unethical actions such as negligence in the institution and is open to
testify. The weakness of the healthcare professionals in handling this case is that they are
attempting to overrule the charges against the nursing staff by the premature diagnosis of the
infant that resulted to its death. Unfortunately, it was not convincing that the diagnosed condition
of the baby resulted to its death as the nurse did not heed to the call of the patient who requires
immediate medical attention. Any nurse and medical practitioner would be knowledgeable that a
premature baby can be subjected to ICU treatment and have a chance to survive if given the
proper attention beforehand. The management even failed to conduct preliminary investigation
everywhere and available at all times. To prevent the act of negligence that had occurred, it is
crucial to always be attentive and respond to the call of every patient, especially in an emergency
situation. In this case, the nurse should have notified the charge nurse of the emergency and asks
for help if he is unable to immediately respond to the patient (Faubion, 2022). Documentation is
always essential of whom the nurse asks for assistance and any follow-up as this will be a part of
the investigation when a trial ensues, in order to determine the proper witness for any unfortunate
incident. To avoid any act of negligence, whether intentional or not, the nursing staff should
amend their delegation of tasks to each nurse and the policies ought to be followed by all of the
members of the organization. Nurses must remember to always ask for assistance and report to
the charge nurse for emergency situations and if there is any nurse available to respond to the
call of patients. Having active memberships in professional organizations and firm reprimanding
or penalties for negligence in the institution is a strategy to prevent any misfortunate events that
may occur in the future (Brusie, 2021). Furthermore, the healthcare staff should never deviate
nor ignore these policies and continue to serve patients with compassion and respect, regardless
REFERENCES
Andong, L. M. (2014, May 30). Hospital probes death of baby who fell on concrete floor. ABS.
https://news.abs-cbn.com/nation/regions/05/29/14/hospital-probes-death-baby-who-fell-
concrete-floor
Brusie, C. (2021, August 25). What is negligence in nursing?: Berxi™. Berxi. Retrieved
nursing/
Chin, J. M., Tomiska, J., & Li, C. (2017, September 1). Drawing the line between lay and expert
opinion evidence. McGill Law Journal. Retrieved November 24, 2022, from
https://lawjournal.mcgill.ca/article/drawing-the-line-between-lay-and-expert-opinion-
evidence/
Faubion, D. (2022). 20 most common examples of negligence in nursing + how to prevent them.
examples.html