Nurses @ Higher Risk 4 Lawsuits.

Nurses General Nursing

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I'm hoping to increase nsg awareness on the topic of defensive nursing.

Most of you are aware of defensive charting practices. The practice of stating facts--not opinions.

However, many nurses seem to throw caution to the wind when they accept nursing assingments.

I have observed many nurses trying to handle dangerous heavy pt loads. Loads that are so high and unsafe that pt care is compromise. One example is nurse Jane Doe or John Doe comes into work and is assigned a dangerous asignment of 12 patients instead of his normal 8. Being a kind and thoughful person, he naturally decides not to let his co-workers down and accepts the assignment.

However, his kindness can not effectively manage to do his job in a manner that is deemed safe. As a matter of fact, many of his patients do not receive prn meds in a timely manner; treatments are delayed; and numerous Now and Stat orders are on his charts wating to be noted. Furthermore, he is so swamped that he is not able to CHART AS THE SHIFT progresses; therefore, he forgets to chart defensively and accurately.

As the shift progresses, the nurse is constantly besieged by his patients to come to their aid when they use the call light. As a result of this nurse being swamped, he cannot pass schd meds on time and is often very late passing prn pain meds. His patients are frustrated because they are not being waited on in a timely manner. And as a result, complaints are filed against this nurse. And to top it all off, he has a patient code which later died. He also had a confused patient crawl out of bed and as a result of confusion and overall general weakness, this patient is transferred to ICU for head trauma.

As a consequence to the fall that one patient received, that patients family decides to sue nurse John Doe and the hospital that he was working at.

Another family is also pursuing a claim of negligence d/t their beloved family member not receiving prn pain meds until a hour after requesting them.

Keep in mind that John Doe is a excellent nurse but has bit off more than he can chew by accepting this assignment of 12 patients who are all over 65, have high co-morbidity factors, are all bedfast and need constant one on one supervision while they are using the restroom, who need patient teaching, need f/u on schd insulin, etc.

John has been informed that he is named in a suit for negligence, For the patient who fell and later went to ICU and died.

He is also named in another negligence suit d/t not giving prn meds w/in a resonable amount of time. The suit states that the patient suffered severe emotional distress as a direct result of not being medicated in a timely manner.

John, was not trying to give less than quality care. As a matter of fact he is known for delivering exceptional nursing care. However, on this fateful shift, John was overwhelmed w/ stat and now orders. He also had to start IV's on several patients and was also monitoring a pt receiving 2 units of PRBC's. He was also overwhelemed by having to answer call light after call light.

John had one aid and that aide had 16 pts to care for. John was unable to get assistance from his coworker, for they were overwhelmed as well.

Johns charge nurse could rarely offer John any help for she was tied up with her duties.

So to make a long story short, John did the best that he could with what he had. However, his best was not good enough for John could not keep pace with the problems that arose.

QUESTION:

Could John loose his license as a result of the events that transpired on his shift?

Yes!

Even though John did every thing that he could to keep pace w/ the mounting problems, he invariably was unable to monitor his patients--to access for changes in status--on a regular basis. Except for the quick focal assesment that he gave everyone on arrival to the floor, he was unable to give head to to assessments.

Remeber John was responding to now and stat orders. And also monitoring blood, as well as answer call lights, etc.

Do you think that John could possibly loose his license?

Do you think that John could face criminal charges?

Yes, to both above.

No matter how kind and compassinate John is. John made the fateful error of accepting a pt load that he could not handle. Therefor, as a cosequence, a patient died, and another did not receive prn meds on time.

Attorney's have won their settlement, John's

nursing insurance paid the claim. However, the nursing board in John's state found him liable for negligence and providing inadequate nursing care and has revoked his license and to make matters worse criminal charges are pending for negligence.

Is this fair?

No.

John should have made his charge nurse aware that he could not handle that many patients. But out of fear from termination and out of fear for letting his co-workers down and out of pity for his patients, John accepted the assignment.

Accepting the assignment was John's undoing. He placed fear from termination and fear from not being their for his coworkers above the safety of his patients. And now John is facing jail time, and lost his license to practice.

But John being naive, accepted the unacceptable. Afterall, he has seen countless other nurses do the same thing. And on several other occassions, John accepted more pts than he normally gets--and not once did anything major happen.

But see that's the problem: no one comes to work ready and prepared for the worst case scenario.

But nurses, I don't know about your state, but the state of Texas sends out quarterly newsbriefs on LVN nursing and in these briefs there are countless pages of people who have lost their license by putting themselves in a jam.

I have seen instances where nurses lost their license d/t not giving a prn med on time or d/t a pt falling resulting in death.

Your license is everything. You worked hard for it. Don't make the mistake that John did. He tried to be SUPERNURSE.

Everyday hospitals are constantly asking nurses to accept higher and higher loads and nurses give in; however, it can be to their own undoing.

This story is not a real story. Howver, it could very well happen. And I'm sure that countless nurses have lost their license by being suckered into accepting assignments that are too dangerous.

It is your license...Think about it.

We indeed walk a tightrope at work and yes,

it is easy for administration to place the blame on the nurse.

An assignment increase of 50% from 8 to 12 is pretty easy no for a nurse to make, IMO. The trouble comes in with the more subtle increases in load...such as the now nonexistent acuities systems used to show.

I and my coworkers have used the Texas Safe Harbor provision several times in the past year in dangerous situations...and have made SOME headway with administration; but the battle is far from won.

I agree it is better to refuse and lose your job than lose a license, but the system is setup to chastise nurses who are quit without notice and/or fired for insubordination....without a union there is not much support. The OP has not suffered as a result of quitting without notice, however this is not always the case in real life.

No easy answers other than be careful, know your practice act and your protections (few as they are), carry and choose your battles wisely.

Totally burned, I am so sorry for what you are going through...I hope your nurses' association is behind you. I admire your resolve and your bravery. Thanks for sharing your story and my thoughts are with you.

Veerrry scary.

I feel the way you all described almost daily at work. Therefore, I don't sleep much on the night before a shift. I believe with all my heart that NO ONE will be there if something happens. Nurses truly are the scape goats. It is so sad that the ANA didn't help you TOTALLYBURNED, we all know that the AMA helps docs. Why can't nurses have such a strong voice?

So, so frustrating.

yes, you can say no before you take on an assignment. there will be reprucussions. however, if the other staff does the same you would be amazed how fast they get some help to the floor. they always say "we called everyone and no one could come". that's bs. plus there are not too many lawsuits against the supervisors and head nurses who make these decisions. i'd be willing to bet none of those nurses who have had their licenses pulled were in management. so my feeling they have nothing to lose if they short staff a floor.

p.s. i know in this litigous society anyone can sue but it seems a prn not given in a timely manner is a frivolous lawsuit and should be tossed.

p.p.s. totallyburned i emailed you.

If one refuses to take an assignment and then is fired, do they have recourse for wrongful termination?

Specializes in Neuroscience/Neuro-surgery/Med-Surgical/.
If one refuses to take an assignment and then is fired, do they have recourse for wrongful termination?

That's what i want to know!!!!

I had an assignment a while back in which I had to take 4 patients on a Step-down unit (the usual is 3). Unfortunately the acuity level was high for all 4 patients, which is why I initially refused the assignment. I discussed it with both day/nite shift RNs to change it, (nite shift charge nurse only had 2 patients, and could of taken a 3rd) then paged the HOA and my manager. The HOA listened to my concerns, discussed it with the charge nurses, but eventually sided with the charge nurses that I can handle the assignment.

The HOA asked me what I planned to do. I replied "well, Im not going to abandon my patients, but it needs to be known that I do not feel safe caring for this # of patients. I paged the manager to see what the alternatives are."

The manager never called me back. I had to care for 4 patients for 7 hours before I was able to transfer one of them to another floor.

The following morning I was able to speak to the manager about the situation, and expressed my concerns for patient safety and my licensure. I explained all the steps I went thru to resolve the issue, including asking that the charge nurse take one of the patients (since she can take up to 5 in a nite, and only took 2).

I was told to go home and think about whether I want to continue to work here.

:angryfire

Specializes in Critical Care, Education.

Very interesting thread.

The OP made a comment that appears to be related to nursing practice in Texas so I was expecting some sort of reference to our "Safe Harbor" mechanism that was implemented by our TX BON several years ago.

Under Safe Harbor, a nurse who feels that his workload is unsafe can complete a form that documents this situaion. The form is filed with nursing administration & the nurse keeps his own copy.... dated & timed, with details about the situation. IF anything occurs as a result of this situation, the BON is provided with a copy of the document and this becomes part of the deliberative process. In most cases, it is enough to prove that the nurse did everything in his power to remedy the situation, short of simply walking out and abandoning the patients. When done right, it is enough to eliminate any charges of neglect or unprofessional behavior on the part of the nurse.

In addition, most facilities have a process to aggregate and review all Safe Harbor claims to determine whether the event was unanticipated (one of a kind) or there is a pattern of mismanagement (inadequate staffing, violation of admission criteria, etc). If patterns are identified, they are fixed - at least in my organization.

I have zero problems refusing an assignment that I feel is unsafe. If admin wants me to go home I'll go home...No problems.

Refusing unsafe assignments is the only way to go. Unsafe nurse patient ratios with very sick patients is a recipe for disaster. Patient safety must be our priority. Administrators will push things as far as nurses allow them to push. It's up to nurses to take a stand to insure patient safety. I have taken my lumps for refusing unsafe assignments, and I sleep well at night. I did not find that it hindered my job search one bit. I was very up front about leaving a facility over unsafe assignments. There are facilities that do care about appropriate staffing and make it a priority. I don't want to work where appropriate staffing is NOT a priority.

Wait.

What are the alternatives? He informs the charge nurse that he cannot accept this assignment, then what? There is no one available to take the overflow. So does he wait until they assign him fewer patients, but the most acute? That is even worse. If he says he can take these 8 but not these 4 do they need to agree, or is it his call? (I don't think so) If they say this is it, suck it up, does he go home, leaving everyone, and losing his job? Is there recourse if he is dismissed for insubordination? If he properly goes up the chain of command without results who outside the hospital is prepared, and has authority to make the changes. While he's doing this, and falling further behind what is happening to his patients? (abandonment) If he takes report has he "accepted the assignment" and now is abandoning them. If report is not given how can he say he can't handle the load?

It takes balls of steel to take a stand against admin, and sometimes your coworkers. We need more information before jumping into this lava pit.

Your last line says it all....we used to have "unsafe practice" reports that we could fill out, which brought unsafe asignments to mgt. SO many co-workers would just "suck it up", rather than face the heat. ...I once asked the head nurse what it was going to take...was a baby going to haveto die, in order to get the special care nsy properly staffed. She told me that I was being dramatic...

An interesting thread, I agree with SubQ that we have to take a stand and know when to say no. Then say it. At least in my facility, so far anyway, where RN's have refused unsafe assignments no one had to quit or where disciplined. Low and behold they were able to find a nurse only after the refusal of assignment. We must not forget that many administrators focus and goal is not patient care, its profit and their responsibility to the stock holders is paramount.

...and also from mgt "the numbers looked good on paper"(re staffing)

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

Although the information being presented remains very relevant and resourceful, please keep in mind that this discussion is over 8 years old.

Old thread alert.

Although the information being presented remains very relevant and resourceful, please keep in mind that this discussion is over 8 years old.

Old thread alert.

and more relevant every day, week, month, and year that these conditions are allowed to exist.

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