Solomon Tuigamala was a resident of Morton’s Crossing Nursing Home. He had grown increasingly unsteady on his feet and in January of 2011 fell as he walked to the dining room for dinner. Kaye Black, a registered nurse on duty at the facility, observed his fall. She took a photo of him with her phone as he lay sprawled on the ground. She then moved to help him up and noticed he was dazed. She was in a rush to get the residents into dinner on time and so did not document the fall.
Later that evening, she posted the picture on her facebook page. It was clear from her facebook page that she worked at Morton’s Crossing Nursing Home. A few days later Mr Tuigamala was admitted to hospital with a subdural haematoma. As he lay unconscious Mr Tuigamala’s wife requested a copy of his records from Morton’s Crossing Nursing Home and this request was denied by the rest-home manager, Spiro Vadolas, who was also a registered nurse.
One month later Mr Tuigamala’s family made a complaint to the Aged Care Complaints Investigation Scheme (CIS) about the standard of care provided to Mr Tuigamala. As part of its investigation process, the CIS requested Morton’s Crossing Nursing Home provide it with a copy of Mr Tuigamala’s records. On receiving the request from the CIS Spiro asked Kaye to assist him to “put the records in order” before they were sent off.
Together they created entries in Mr Tuigamala’s care plan dated variously early to mid January 2011, created an annual residents’ care review dated 5 January 2011, added information about the fall to the progress notes of 11 January 2011, and created an incident report dated 11 January 2011. They then sent these records to CIS. Analyse the relevant legal and ethical issues in relation to this scenario by applying the ethical decision-making framework provided in this unit. Do NOT consider issues in respect of any negligence associated with the lack of post-fall clinical assessment of Mr Tuigamala.