Lawsuit Happy Patients

Nurses Safety

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I am one semester away from getting my BSN-RN and also work as an aide. Something happened yesterday that traumatized me, and I'm hoping that more experienced people can give me advice as to what I can do in the future so that this doesn't happen again...

A bariatric patient who has unsuccessfully sued the hospital 2x was in my care as an aide. She was 5 days post op back surgery and accd. to the orders she was "up with assist." PT came (a large man and woman) and got her into a chair and left her. Of course, right when he left the floor she said she had to have a bowel movement. She refused to get up without the assistance of anyone else but PT. Her RN said not to call PT because the patient was capable of getting up with the assistance of floor staff, and there are only 6 PT's in the entire hospital (short staffed). RN says that if she refuses to walk to get a bedpan under her in the bariatric chair. Patient decides instead that she is going to slide from chair to floor because "no one cares" and when "she breaks her kneecaps she is going to SUE THE HOSPITAL." I tried to keep her from sliding out of the chair but she was huge and intentionally trying to slide out. Then the nurse manager came in, it was a huge ordeal, etc. This patient has been a huge problem on the floor, driven out 3 roommates, etc.

I made sure that her legs were in front of her and gently let her down, but now I am SCARED of patients looking to sue (especially when I am a nurse). I was supposed to go to clinical this morning as a student (ironically on the same floor, same patient) and I said forget it and used my 1 call in sick day. It is totally irrational to assume that you can prevent patients that are looking out for ways to sue you. HELP! I DON'T WANT TO GET SUED! ARE THERE A LOT OF PEOPLE LIKE THIS OUT THERE? CAN YOU JUST REFUSE TO WORK WITH PEOPLE LIKE THIS?

Specializes in psych,emergency,telemetry,home health.

they are all right.documentation is the best weapon to save you from anything.example is we got a psych patient who was sent home by the doctor and pt claimed to the doctor that he is going to be ok.he went home and something bad happened.if not with the doctor's comprehensive documentation, the hospital could have been sued.make sure also that you inform the pt's primary doctor about pt's status and document md made aware to cover yourself whether there were orders or no orders made.

Specializes in FNP, Peds, Epilepsy, Mgt., Occ. Ed.

Just make sure in any documentation that you keep it objective and factual. Don't say anything that might sound negative about the patient, no matter how badly you want to. Let the patient say it herself! And if the patient uses vulgar language, then chart exactly what was said, in quotes. Use as many direct quotations as possible.

This patient may try to file another lawsuit. If she goes to a lawyer, and persuades the lawyer that she night have a case, the lawyer or someone working for him will read the documentation. What you want to happen is for the incident to be documented so well and clearly that an outsider reading it will tell the lawyer that the case would be laughed out of court.

You can't avoid all potentially lawsuit-happy patients. I'm convinced that some people play the lottery and others file lawsuits, both looking for the big payoff.

In your nursing career, you will see cases where a patient or family did indeed have grounds for a lawsuit. Most of the ones I've seen never sued anyone.

Specializes in primary care, pediatrics, OB/GYN, NICU.

Don't worry. Keep good documentation of the incidents. Know that this patient having sued twice (successful or not) has already got a reputation for being "sue happy" - doesn't give her much credibility. Just be sure and cover yourself by putting it in writing. Know that these people are out there, you'll be OK.

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