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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.
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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 |
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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 |
November 2008 Legal Case Study |
| Improper Discharge of Teenager After Septoplasty Surgery - Death Blamed on Excessive Demerol - Confidential Settlement. |
The plaintiffs decedent, age fifteen, underwent septoplasty surgery in 2004 to relieve a chronic nasal obstruction, deviated septum and turbinate hypertrophy. The decedent was given fifty milligrams of morphine during surgery. An additional seventy-five milligrams of Demerol was administered by IV while the decedent was in the recovery room after surgery. The decedent was still sleeping two hours after the surgery. At that time, the parents were told that the patient had to leave. The decedent was helped to get dressed by his parents and awakened long enough to get into the car. He was driven home and laid on the couch while the parents took care of other things. When the parents checked on him he was found with no pulse or respiration. Paramedics were called and the decedent was transported by ambulance to a hospital where he was declared dead. The plaintiff claimed that the decedent should not have been discharged, as he did not meet discharge criteria. The coroner opined that the post-mortem level of Demerol in the decedent’s blood suggested he had taken more Demerol after his discharge. The plaintiffs claimed that this was untrue and that the decedent had turned down an additional dose of Demerol offered by a nurse before leaving the hospital. The plaintiffs argued that the coroner failed to take into account post-mortem redistributional changes of drug levels which caused drugs to transfer to the blood stream. According to a report, a confidential settlement was reached. 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
| DESCRIPTION | |
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| Potassium Chloride by IV Drip Ordered for Woman, but Family Claims IV Push of Potassium Chloride Given - Death - $250,000 Verdict. | |
| Foley Catheter Used at Conclusion of Surgery, Instead of “In and Out” Catheter - Urethra Tear Due to Inflation of Balloon in Urethra - Multiple Procedures, Extended Hospitalization and Need for Catheterization for Life - $850,000 Gross Verdict. | |
| Failure to Perform X-Rays and Properly Diagnose Teenager's Ewing's Sarcoma - Death - Defense Verdict. | |
| Woman's Critically High INR Value While on Coumadin Not Properly Treated - Death - Undisclosed Settlement With Nurse Practitioner - Directed Verdict for Physician. | |
| Failure to Timely Diagnose and Treat Stroke - Partial Paralysis of Arm, Aphasia, Mild Cognitive Impairment and Foot Drop - $4 Million Settlement. | |
| 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. | |
| Failure to Properly Assist Woman Using Bedside Commode - Commode Collapses While Woman is On It Unattended - Fractured Tibia - Defense Verdict. | |
| Failure to Timely Deliver Baby When Mother Arrives With Vaginal Bleeding Blamed for Cerebral Palsy - Defense Verdict. | |
| Failure to Properly Monitor Child During Transport for CT Scan Following Seizure - Death - $3,662,221 Verdict. | |
| 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. | |
| Failure to Hospitalize Infant Despite Mother’s Multiple Calls and Visits to Emergency Room - Death - $4 Million Gross Verdict. | |
| Man Administered Morphine Despite Telling Nurse He Was Allergic - Nurse Claims Symptoms Described Weren't Allergy and Man Gave Consent to Injection After Explanation of Adverse Reaction and Allergy was Given - Defense Verdict. |
