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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 |
May 2009 Legal Case Study |
| Failure to Provide Proper Care to Long-Time Resident - Dehydration and Fecal Impaction of Vagina - Death - $525,000 Settlement. |
The plaintiff’s decedent, age ninety, was a long-time resident of the defendant nursing home. She had a history of stroke, right-sided paralysis, constipation and urinary tract infections. The decedent was dependent on the nursing staff for transfers, toileting, eating and drinking. In December 2005 the decedent complained of a urinary tract infection which was treated with antibiotics. She also had painful vaginal ulcerations which allegedly went unassessed and untreated. The decedent was being given two doses of laxatives and prunes each day, but her fluid intake and output was not being consistently monitored. Despite doctor’s orders, the nursing staff restricted fluid intake, especially at night. After four days of treatment for the urinary tract infection the decedent was taking in less than twelve ounces of fluid and had not eaten in several days. The next day the decedent complained of abdominal pain. At that time, she was still receiving laxatives and prunes twice a day and her fluid intake was minimal. Over the next two days the decedent had fifteen large bowel movements and she was found unresponsive the following day. She was taken to an emergency room, where she was found profoundly dehydrated and her vagina was fecally impacted. Emergency room nurses stated that her vagina had to be irrigated and it took eight to ten wash clothes to remove all of the dried and impacted fecal matter. The decedent died the following morning of dehydration. The plaintiff alleged failure to provide proper care. According to a Verdict Reporter a $525,000 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. |


