Can a nurse report a doctor for negligence?

Specialties Geriatric

Published

If there is already a thread on this, please tell me. I didn't see one.

I'm a new RN at a large LTC and am learning the ins and outs of communicating with doctors on second shift. We have one doctor who is excellent and we have a phone tree in place to communicate with him every evening when needed; he gets forwarded from unit to unit addressing his residents' issues. However, a few of our residents have other doctors that don't seem to care about their needs at all. They rarely actually visit the facility, we just have phone numbers to reach them when acute situations arise. About a month ago, we tried getting a hold of one of these doctors to report signs of infection and didn't get a call back for 3 days. *****

Yesterday we tried calling for a different issue, different patient, and doc didn't pick up the phone, hadn't called back by end of shift. What kind of BS is that? Who are these doctors answerable to? At what point is this lack of response considered negligence? Granted, our protocol requires us to notify them for every incident and skin tear and maybe that gets annoying to the doctors, but sometimes we are calling for orders. Any advice?

I already asked the head nurse if we can suggest that a certain family get their loved one a new doctor, and she said no way will the family hear of that; so-and-so has had Dr. What's-His-Name for a million years, they are never going to change doctors.

Psychcns

2 Articles; 859 Posts

Specializes in Psychiatric Nursing.

Can you call the family if you need orders?? Could get you in trouble with the doc, I suppose. Maybe suggest to

Psychcns

2 Articles; 859 Posts

Specializes in Psychiatric Nursing.
Can you call the family if you need orders?? Could get you in trouble with the doc, I suppose. Maybe suggest that the head nurse call the family..and have family call the doc..

morte, LPN, LVN

7,015 Posts

you need to inform the medical director of his fellow dr. misdeeds, asap. and that is who you call when the ejiot won't call you back. If a patient suffers ill effects because YOU did't get indicated medical care in a timely fashion, the family nor the board are going to care why.

CapeCodMermaid, RN

6,090 Posts

Specializes in Gerontology, Med surg, Home Health.

Call the doctor again and document every time you call. Call the medical director if the doc doesn't call back by the end of the same shift. Let your DNS know. If there is a delay of treatment or a bad outcome, it's on you.

amoLucia

7,736 Posts

Specializes in retired LTC.
Call the doctor again and document every time you call. Call the medical director if the doc doesn't call back by the end of the same shift. Let your DNS know. If there is a delay of treatment or a bad outcome, it's on you.
This is the usual protocol in the LTC facilities I've been at. Usually the med director (or designee) will cover the situation when they know there is a problem. The only problem is when the med director (or his on-call) is the problem itself!!! And this does happen.

The DON is apprised of the situation and documentation is in place. Pt may have to go out as necessary.

This occurs freq on 11-7... like nothing ever happens on 11-7.:banghead:

Specializes in Hospice.
This occurs freq on 11-7... like nothing ever happens on 11-7.

Well of course not - they're all sound asleep in bed! Don't we wish!!

cienurse

143 Posts

My staff are instructed to call the medical director when they have called a physician 3 times without a response. And I mean 3 times within a 3 hour period. Ftag 501 describes the responsibilities of the medical director in LTC, including overseeing the medical care given to each and every resident. When the medical directors gets sick and tired enough of getting called for this other physician's residents, action will be taken and the problem will get solved. Please be sure to document each and every attempt to call this physician. He will have no problem throwing you under the bus if there's an investigation or a state-cited deficiency for delay in treatment.

cienurse

143 Posts

And to answer your question, ANYONE can report a physician for negligence. But you must be able to prove it beyond the shadow of a doubt. I wouldn't take on a physician alone without backing from the company. That's the company's legal and/or risk management departments to handle and for your DNS/Administrator to communicate to the appropriate disciplines.

al586

81 Posts

I wish!!! I'm dealing with this now with a hospice patient. I only hope that one day, those rotten doctors are placed in the same situation..desperately needing an order from their MD, and the doc can't be bothered to call in an order.

[h=1][/h]

KAEBSNRN

3 Posts

Yes, not only can you report a provider for negligence, but it is our duty to do so per the Nursing Board in my state,(Oregon), as well as by the Medical Board in our state. I did this and the process did produce a ruling and and Board stipulated order that will hopefully ensure greater safety to patients. If we see it occurring (negligence), then we are complicit in not reporting. I was told that by law, the Board cannot name you unless the case goes to court if an individual dies. Prior to my decision to report this provider, I went to the provider first with my concerns, to the CEO of our clinic, to the partners (all providers) of our clinic, to my nursing manager. No one did anything and by "anything", I mean anything Because of this lack of action to protect patients by any of the individuals in the position of authority, I contacted the State Medical Board, asking them to investigate and if they felt there was cause for concern, I would leave it in their capable hands. They did, and in this case, the process worked, although the provider is still "practicing". i am hopeful, given a Board Order that will be monitoring the provider's patients, charts, mandated education for the provider and mentorship, that this provider's issues will resolve.

KAEBSNRN

3 Posts

It is up to the Medical Board of your state to make a decision about negligence. ANYONE can report a provider. You are protected by the Board of your state to report.

+ Add a Comment