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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





December 2009 Legal Case Study

Failure to Treat Lack of Blood Flow in Leg and Foot Following Trauma to Leg - Amputation Above Knee Ultimately Required - $2 Million Settlement.

The plaintiff went to her primary care physician’s office in September 2003 and was seen by the defendant nurse practitioner. She told the defendant that she had been struck by an automobile in a parking lot a few days earlier. The defendant noted that the plaintiff had a large abrasion on her left leg with some purulent drainage and a large bruise on her back. The plaintiff also informed the defendant that her left leg felt cooler to the touch than her right leg. The plaintiff was told to go to the emergency room for any worsening pain, numbness or tingling.

Two days later the plaintiff was again seen by the defendant nurse practitioner. The plaintiff again complained of coolness in the left leg and also claimed that the leg got progressively colder toward her foot and toes. She also told the nurse practitioner that her toes were slightly discolored. The plaintiff was given an appointment to see the primary care physician the next week. When the plaintiff was examined by the primary care physician the plaintiffs left lower leg showed some swelling and her left great toe and second toe had a dusky color. She had palpable, but diminished pulses on the left leg compared with the right. The plaintiff was given an appointment to see a surgeon.

The next day the defendant surgeon examined the plaintiff and noted that the toes on her left foot were bluish in color and felt cold. The defendant noted that the plaintiff had faintly palpable bilateral femoral pulses, but no palpable pulses in the popliteal or posterior tibial or dorsalis pedal area. A Doppler ultrasound was performed and the plaintiff was noted to have intact posterior tibial pulses bilaterally but no dorsalis pedal pulse on the left. The surgeon developed the plan to set up another ultrasound of the left leg in two weeks. The surgeon also told the plaintiff that it was fine to go on vacation the next day.

The following day the plaintiff felt that her foot was worsening and she went to another surgeon with severe left foot pain and discoloration of the foot. The plaintiff was immediately admitted to a hospital and taken for an angiogram. She was noted to have a thrombus in the proximal superficial femoral artery with a complete occlusion of the popliteal artery above the knee. She was taken to surgery twice over the next two days in an attempt to restore meaningful blood flow to her leg. The surgeries were unsuccessful and she was transferred to another hospital for possible leg salvage. The attempts there were unsuccessful and she underwent amputation of her left leg above the knee.

The plaintiff alleged negligence by the nurse practitioner in failing to immediately hospitalize her when she complained of a cool leg and foot. The plaintiff also alleged negligence by the surgeon in failing to immediately hospitalize her when she had an obvious lack of blood flow to the leg and foot. The plaintiff claimed that the foot and leg could have been saved if she had undergone surgery at any time before the day she was hospitalized.

The defendants denied any negligence and claimed that the clots in the leg were in the small vessels, which made saving the leg impossible once the clots occurred.

A $2 million 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

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.
January 2012
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.
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Failure to Perform X-Rays and Properly Diagnose Teenager's Ewing's Sarcoma - Death - Defense Verdict.
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October 2011
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 Properly Assist Woman Using Bedside Commode - Commode Collapses While Woman is On It Unattended - Fractured Tibia - 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.
April 2011
Failure to Hospitalize Infant Despite Mother’s Multiple Calls and Visits to Emergency Room - Death - $4 Million Gross Verdict.
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