The nurse-plaintiff in Kirk v. Mercy Hospital Tri-County

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The nurse-plaintiff in Kirk v. Mercy Hospital Tri-County was employed as a charge nurse with supervisory duties. A short time after one of her patients had been admitted to the hospital, the nurse diagnosed that the patient was suffering from toxic shock syndrome. The nurse believed that the physician would order antibiotics. After a period of time had passed without having received those orders from the physician, she discussed the patient’s situation with the director of nursing. The nurse was told by the director to document what had happened. She was told to report the facts and stay out of the matter.

The nurse discussed the patient’s condition and lack of orders with the chief of staff. Although the chief of staff took appropriate steps to treat the patient, the patient died. A member of the patient’s family had told the nursing director that the nurse-plaintiff offered to obtain the medical records. The nursing director was later told that the nurse-plaintiff had told the family member that the physician was “paving [the patient’s] way to heaven.” The director terminated the plaintiff.

After her termination, the nurse received a service letter from the hospital that directed her to refrain from making any further false statements about the hospital and its staff.

Identify and briefly discuss a legal argument (from the text) in favor of the hospital’s action.

Sample Solution

more than just about the location of a child’s school placement’.

The above statements strongly support the EA’s ideals of inclusion and provisions for SEN students in mainstream schools. The emphasis and legal requirements are now clearly focused on schools making sure they provide the necessary support and adjustments for all SEN and disabled students.

How effective is Inclusion?

Developing inclusion involves students, professionals, partners, parents, carers and the wider community. According to Goodland and Lovat (1993) students with impairments or disabilities do better academically when they are able to socialise with their non-disabled peers during instructional time. Supporting evidence from Goor and Schwenn (1993) also indicate that the interaction between students with or without disabilities enhances academic achievement for students with disabilities.

Inclusion and Pupil Achievement Department for Education Skills RR578 (2004 p50), clearly argues that ‘LEAs with high rates of inclusion in mainstream did no worse than those with low rates of inclusion in national tests. At KS 4 in 2002 average point score was 38.55. For non statemented pupils with SEN, in mainstream, it was 21.85. For statemented pupils in mainstream it was 16.99 and for pupils in special schools it was 2.4 points 7 times worse. Add to this the impact of social isolation and low self-esteem it is understandable why 50% or 2.9 million disabled adults of working age are not working many of

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