#1 Nursing Community for Nurses: 312,335 Members

Log in   Sign up   Why join?   | Layout: Switch to narrow layout Color: gold style blue style rose style
Nursing Community for Nurses
Home Forums Articles Specialty Students Region Career Resources

Advanced Search Site Help Site Map

Patient advocacy & legal liability



Currently Online
Members: 300
Guests: 2,075
2,375

Job Spotlight
ER & L&D RN
Houston, Texas
Administrator
Lagos, Lagos, Nigeria
Forum Spotlight
Distance Learning for Nursing

Nursing Degrees

Nursing Articles

Funny Nursing Stories
Funny Nursing Stories
Funny Nursing Stories
Be Kind to Co-workers, Or Else
Fixodent or Forget it!
Me and Mr. Smith and Waffles
How quickly we forget.
It is my X-ray
Thanksgiving Humor
Halloween Humor
Submit An Article

Nursing Jobs

Job Seeker: Employer:

Scrubs & Gear

Newsletter

Interested in the hottest topics of the week? Subscribe to the free allnurses.com Nurse-zine Newsletter.

Enter email address:


Read current:
Nursing Newsletter

How-To allnurses

allnurses videos

Welcome to allnurses: A Nursing Community for Nurses

The largest most active online nursing community. Join 312,335 nurses from around the world to learn, communicate, and network. For full allnurses.com access, register today - it's free! Problems during registration? Please don't hesitate to contact support.

Would you like to comment?
Join or Login if already a member.
 
 
Thread Tools Search this Thread
  #1  
Old Nov 18, 2007, 10:26 PM
DJ-Adia (Female)
Registered User
Join Date: Nov 2007
Patient advocacy & legal liability

I have been an RN for 11 years and never have I encountered a situation as I did recently. I was caring for elderly male patient, who prior to admission, was independent & enjoying life with his only complaint being that he felt "tired & weak". 4 days into his hospital stay he lost his ability swallow (there was some thought that he might have had a stroke, but a definite diagnosis was not made). Given the risk for aspiration, the MD ordered that he be NPO & that plans be made for a G-tube to be inserted. The family was devastated!! This patient was the father of a co-worker (LPN) that I routinely work with.
Given my experience with & research that I had done, I made the family aware of Vital Stim Therapy. VitalStim therapy is the only neuromuscular electrical stimulation that is cleared by the FDA to treat dysphagia. Clinical research has proven that by using Vital Stim:
97.5% of patients with severe dysphagia regained swallow function past the point of PEG tube dependency
At three-year follow-up, over 76% had retained swallow function and only 3% reported aspiration
I informed my co-worker (the patients daughter) about Vital stim & referred them to the website where they could find additional information. I told them that if they felt that Vital Stim would be a therapy they might be interested in - that they should talk further with their MD & the speech therapist to see if it would be a therapy that they'd reccommend & find beneficial.
A few days later I received an email from our nursing coordinator informing me that it was inappropriate for me to inform the patient of VitalStim Therapy before first getting the ok from the MD because I was giving them "high hopes". I feel that I was being a patient advocate by simply making the family aware additional resources but regardless, they would need to consult with MD to further explore the risks of such treatment. Was I wrong by simply making my patient aware? Would I be liable in a court of law?


Last edited by DJ-Adia : Nov 18, 2007 at 10:27 PM. Reason: spelling
Top
  #2  
Old Nov 19, 2007, 04:20 AM
canoehead's Avatar
canoehead (Female)
Senior Member
Join Date: Oct 2000
Re: Patient advocacy & legal liability

I think what you did was in the best interest of the patient, but the rub is that you are acting as an agent of your employer, and cannot recommend therapies they do not approve.

In the future, go back after you have clocked out and hand them the article, but let them know you are not an expert, just exploring options. I would go so far as to request they not mention where they found the article.

If I didn't trust the family to respect my privacy I would leave the responsibility for research of alternative therapies up to them. A tip I've found helpful over the years...if I'm working harder than the patient/family on their health I'm overinvested. Still happens sometimes though.


Last edited by canoehead : Nov 19, 2007 at 05:25 AM.
Top

The following member says Thank You:
  #3  
Old Nov 19, 2007, 04:33 AM
Tweety's Avatar
Tweety (Male)
Admin Team
Join Date: Oct 2002
Re: Patient advocacy & legal liability

Moving from Introductions to the General Forum for more discussion. Welcome!

I usually leave treatment options and treatment plans to the MD, but that's just me. Don't know about the liability.

Top

The following member says Thank You:
  #4  
Old Nov 19, 2007, 04:48 AM
Senior Member
Join Date: Jul 2006
Re: Patient advocacy & legal liability

Maybe you can just leave some literature lying around where your coworker can find it. Or talk with her, off of hospital grounds and on your own time, about any information that goes against whatever the docs have said.

docs and institutions feel hugely threatened and insulted over stuff like this. do not get yourself in trouble trying to help unless you can afford punishment, firing, etc. Just not worth it. I know it's very frustrating and you can try the approaches I have suggested but let it alone after that.

Top

The following member says Thank You:
  #5  
Old Nov 19, 2007, 05:30 PM
MAISY, RN-ER (Female)
Registered User
Join Date: Mar 2007
Re: Patient advocacy & legal liability

If anyone has the legal information, I'd be interested in knowing the answer.

I feel you did the right thing. It's what I would do too! I truly believe that we have to take the information we read in journals, books and articles and share them with MD, family and coworkers. Hope should be based on more than just the knowledge of one or two people-anything we offer or direct families towards may be the answer to their prayers.

Maisy

Top

The following member says Thank You:
  #6  
Old Nov 19, 2007, 05:36 PM
Emmanuel Goldstein's Avatar
Oh Goody!
Join Date: May 2007
Re: Patient advocacy & legal liability

You weren't prescribing any treatment, simply giving them information they could use to make an informed decision. I'm not sure I see the problem here...

Top

The following member says Thank You:
  #7  
Old Nov 20, 2007, 01:01 AM
Registered User
Join Date: Aug 2006
Re: Patient advocacy & legal liability

DO NOT SECOND GUESS YOURSELF ON THIS!!! This is a prime example of being an advocate for the patient. You assisted the patient/ family in educating themselves on a technique that might be beneficial and then instructed them to discuss it with the MD.

Bravo! We need more nurses like you.

Top

The following member says Thank You:
  #8  
Old Nov 20, 2007, 03:00 AM
Registered User
Join Date: Jul 2007
Re: Patient advocacy & legal liability

Originally Posted by Emmanuel Goldstein View Post
You weren't prescribing any treatment, simply giving them information they could use to make an informed decision. I'm not sure I see the problem here...
In most hospitals it is against hospital policy for anyone to provide literature or sell a product without written permission from the hospital's administration.

Woody

Top

The following member says Thank You:
Sponsored Links
 
Would you like to comment?
Join or Login if already a member.


Similar Threads
Thread Thread Starter Forum Replies Last Post
URGENT QUESTION: re: Advocacy/Legal Help for Nurse? help4anurse Wisconsin Nurses 1 Jan 11, 2007 01:15 PM


Currently Active Users Viewing: 1 (0 members and 1 guests)
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search



New To Site?
Need Help?

All times are GMT -5. The time now is 04:04 PM.

Patient advocacy & legal liability

Copyright © 1996-2008, allnurses.com. All rights reserved.  allnurses.com, Inc. Advertising Information