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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 2010 Legal Case Study |
| Failure to Provide Pneumococcal Vaccine for Woman Without Spleen - Pneumococcal Infection With Extended Recovery - $3 Million Settlement. |
The plaintiff underwent a splenectomy in 1985. After the procedure, she received a pneumovas vaccination. She did not receive a Hemophilus or Meningiococcal vaccination. In April 2001, at the age of thirty-five, she began seeing a new primary care physician. She saw the physician twice and a nurse practitioner four times. The plaintiff developed a pneumococcal infection which necessitated a three-month hospitalization and a two-month stay in a rehabilitation facility. The plaintiff became septic, suffered organ failure and necrosis during her hospitalization and had partial amputation of toes. The plaintiff can now only walk short distances and suffers from chronic infection and chronic pain. The plaintiff claimed that she should have been revaccinated for pneumococcal disease. The defendants claimed that the plaintiff’s visits had all been for acute sick visits, not annual preventative and wellness physicals, which did not provide them with an opportunity to recommend or administer a pneumococcal vaccination. The defendants also claimed that the pneumococcal vaccination is not the standard of care, is not proven to be effective and would not necessarily have prevented the plaintiffs infection. According to a published account a $3 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
| 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. |
