Am i potentially liable for this incident?

Nurses General Nursing

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Hi

I was hoping to solicit feedback regarding an incident that occurred this weekend at work (subacute/LTC facility). I was supervising RN on duty. The pt in questions' primary nurse is also a RN.

Pt had a fall event @ 1am. Physical assessment revealed a hematoma with scant bleeding to the back of the head. The pt denies pain, mental status is baseline, neurochecks are unremarkable. I paged the physician for the primary nurse with no response. Neurochecks were done as protocol throughout shift and remained unremarkable with pt voicing no complaints and no change from baseline. The physician was paged 3 times and never responded.

I notified the family because of the nature of the incident. I explained the nature of the incident, our interventions, and we were awaiting for physician return call for further orders. The next of kin was accepting of this.

I endorsed to the next shift to continue to try to reach the physician and continue neurochecks as protocol.

When i returned to work i was notified the pt was sent to the ER and was found to have a subdural hematoma. The family was understandably upset and holding our facility liable. I do not know if they have any intent to take any legal action.

My question is, am I legally liable for this pt's case? I'm not sure where culpability lies as I was supervising RN, however the pt's primary nurse is also a RN. In a worst case scenario if this case did end up in court, would I be held partially accountable for this case? I did not document in the notes, as again the primary nurse was a RN, who did her own assessment and documentation although she noted I, the supervisor, was aware and I was the one paging the physician. In a case such as this, if the supervisor holds the same license as the primary nurse, are both seen as responsible legally?

Thank you.

If you had sent the patient to the ER, the ER physician would have ordered the head CT. The patient had a hematoma already. I don't know why you are relying on the Neuro assessment so much. A lot of times, those changes are late changes, meaning the damage is done. And to be perfectly honest, I don't expects you guys in LTC to be Neuro experts and pick up subtle changes.

My last terminal wean was a guy who fell, hit his head, thought he was fine. Took a nap, friends found him covered in vomit hours later. He was done at that point. The bleed was too massive.

Neuro is tricky and unpredictable. Take it from me. You are worrying too much about liability instead of the fact this pt should have been sent your the ER.

Like I said before, call your malpractice carrier.

a guy who fell, hit his head, thought he was fine. Took a nap, friends found him covered in vomit hours later. He was done at that point. The bleed was too massive.

Neuro is tricky and unpredictable.

Exactly. There is NO TIME to wait. We have been taught that a patient with a suspected concussion needs immediate studies. OP did not follow prudent nursing action.

Screw protocol.

If you had sent the patient to the ER, the ER physician would have ordered the head CT. The patient had a hematoma already. I don't know why you are relying on the Neuro assessment so much. A lot of times, those changes are late changes, meaning the damage is done. And to be perfectly honest, I don't expects you guys in LTC to be Neuro experts and pick up subtle changes.

My last terminal wean was a guy who fell, hit his head, thought he was fine. Took a nap, friends found him covered in vomit hours later. He was done at that point. The bleed was too massive.

Neuro is tricky and unpredictable. Take it from me. You are worrying too much about liability instead of the fact this pt should have been sent your the ER.

Like I said before, call your malpractice carrier.

Not to be argumentative but you're describing a non medical scenario.

The sleepiness of the gentleman is an early sign of brain injury. His friends did not know this. If they did they would have called 911 rather than let him take a nap and become a vegetable.

In our setting we knew to keep the pt awake all night to monitor him. At no point did he become sleepy, remained freely communicative and baseline.

Per my director our policy is to do neurochecks and report to the MD.

In hindsight i could have called 911 ems, and i think in the future i will take that action simply because this puts unwarranted risk on me as the second layer RN.

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