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Special Edition Legal Case Study


Nursing Professionals and Medical Malpractice: A Case Study with Risk Management Strategies

Medical malpractice claims can be asserted against any healthcare provider. Although there may be a perception that physicians are held responsible for the majority of lawsuits, the reality is that nursing professionals are more frequently finding themselves defending the care they provide.


Nurse Edition

Case Study: Failure to Report Patient's Deteriorating Condition to the Attending Physician and Administration of Anxiolytic Medication in the Presence of Respiratory Distress

A 28 year-old woman was admitted in labor with her first child. Her pregnancy had been uneventful, and she was at 39 weeks gestation upon admission. Two hours after admission, the fetus showed signs of distress, and a low transverse Caesarian Section delivery was performed. The obstetrician's post-operative note indicated there was no unusual bleeding but noted a slight possibility of some uterine atony.... Read the Full Case with Risk Management Recommendations

Read Previous Issues of the NSO Special Edition Legal Case Study: Nurse Edition

  • Case Study: Medication Administration Error and Failure to Monitor


Nurse Practitioner Edition

Case Study: Failure to Properly Assess Patient; Failure to Properly Monitor Patient's Vital Signs and Intake/Output; Failure to Recognize and Respond to Signs and Symptoms of Sepsis; Failure to Communicate with the Patient's Physician; and Failure to Direct the Patient to Emergency Care

The decedent plaintiff was a 59 year old patient who had undergone inpatient bilateral salpingo-oophorectomy three days before being discharged to home care. Discharge orders included a home care referral for wound care and assessment of perceived changes in the patient's mental status. The defendant nurse practitioner was a contracted staff member of the home care agency that was providing the patient's home care.... Read the Full Case with Risk Management Recommendations

Read Previous Issues of the NSO Special Edition Legal Case Study: Nurse Nurse Practitioner Edition

  • Case Study: Failure to Assess Resident and Failure to Inform the Physician of Resident's Unstable Condition





June 2008 Legal Case Study

Failure to Properly: Diagnose and Treat Asthmaticus, Intubate Patient, Properly Sedate Patient, Administer Oxygen, Administer Correct Amounts of Medication, Follow Hospital's Protocols and Standards of Care - Death - $3,500,000 Verdict.

The plaintiff, the mother of the ten year-old decedent , claimed the defendants, a hospital facility and their doctors and staff, improperly treated the decedent for her asthma and caused her death.

The decedent suffered a severe asthma attack and was transported by ambulance to the medical facility. She was intubated but fought against the ventilator and was tied to her bed. She responded well to the ventilator and her condition stabilized. The doctor noticee the endotracheal tube was too short. The anesthesiologist, arrived and one of the men had removed the tube. The nurse stated that the decedent fought attempts to replace the tube and had to be manually restrained. The decedent was then ambu-bagged. An emergency code blue was called. Epinephrine in the amount of 10 milligrams was given to the decedent, 28 times greater the recommended dosage. She received 8 dosages of the epinephrine, each in an 85 minute time period. The decedent’s ventilator was set to deliver 60 breaths per minute, an excessive rate. Eventually the decedent’s lungs burst and she died.

The plaintiff’s experts claimed the hospital facility, its doctors and staff should have administered anticholinergic agents, brochodilators, and intravenous glucocorticoids. They claimed that the defendants should have administered sedatives, a paralytic agent and a muscle-relaxant in order to relax the decedent and ease intubation, making physical restraint unnecessary. They also stated that it was unnecessary for the doctor to remove the decedent’s tube, that a small retraction would have corrected the shortness, that the doctor removed the tube 15 minutes before the anesthesiologist arrived, and that the doctor should have sedated the decedent before re-inserting the tube. The plaintiff’s experts claimed the epinephine and oxygen was administered in excessive amounts and that the hospital staff were negligent. The defendants denied any negligence. The plaintiff sought damages for the decedent’s conscious pain and suffering during her last hours of life. According to a published account a $3,500,000 verdict for the plaintiff was entered with the hospital being assigned forty percent liability, the doctors forty-five percent liability, the anesthesiologist five percent liability, and the nurse ten percent liability.

With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298-6288.

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Recently Posted Legal Case Studies

ISSUE DATE
DESCRIPTION
February 2012
Potassium Chloride by IV Drip Ordered for Woman, but Family Claims IV Push of Potassium Chloride Given - Death - $250,000 Verdict.
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Failure to Timely Diagnose and Treat Stroke - Partial Paralysis of Arm, Aphasia, Mild Cognitive Impairment and Foot Drop - $4 Million Settlement.
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Man Claims Complaints of Pain Under Cast Following Surgery on Leg Should Have Been Immediately Evaluated - Cellulitis Develops and Requires a Decade of Treatment - Defense Verdict.
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Failure to Timely Deliver Baby When Mother Arrives With Vaginal Bleeding Blamed for Cerebral Palsy - Defense Verdict.
June 2011
Failure to Properly Monitor Child During Transport for CT Scan Following Seizure - Death - $3,662,221 Verdict.
May 2011
Man Calls His Physician When He Develops Paleness in Lower Leg - Speaks With Nurse - Goes to Hospital Hours Later, Where Ruptured Aneurysm in Popliteal Artery is Found - Above-Knee Amputation - Defense Verdict.
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Failure to Hospitalize Infant Despite Mother’s Multiple Calls and Visits to Emergency Room - Death - $4 Million Gross Verdict.
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