Lessons Learned as an Expert Nurse Witness

In the past couple of years I have been asked to serve as an expert nurse witness for several medical-legal cases. The downside of consulting for medical-legal cases is that the cases are almost always extremely sad, involving the untimely death of a patient. The upside is, the lessons I’ve learned reviewing these cases has made me more meticulous in my own nursing practice. Many of these lessons can be applied to nursing care on any unit. Nurses General Nursing Article

I never planned to become an expert nurse witness for medical cases. I didn't go to any class to do this. I'm a pediatric ER nurse and a clinical instructor. However due to my expertise in pediatric triage and assessment, identified through some of my work experiences and professional organization involvements, I have recently been asked to take on the role of pediatric expert nurse witness for several medical-legal cases. I have to admit, it is pretty interesting work. Reviewing these cases has opened my eyes to common errors in nursing judgment and documentation. I'd like to share a few of these "lessons learned":

"If you didn't document it, you didn't do it".

Ring a bell? It is something I've heard countless times since becoming a nurse. But reviewing the charts of medical cases has driven it home. Here are some common documentation omissions that I've observed:

  • No pulse oximetry recorded for a child who came to a pediatric ER for a respiratory complaint (cough and fever).
  • No continuous vital sign monitoring recorded for a child who EMS reported had O2 sats in the 80's. Until she coded 8 hours later.
  • No documentation of provider notification for changes in patient status (which includes behavior- more on that later).
  • No documentation of which nurse was assigned to and responsible for a patient. When a patient has a bad outcome, this raises a major red flag.
  • No documentation of transfer of care between RN's. Same point as above.

Don't be so overloaded by documentation that you forget to document what matters most.

Sometimes we are so busy checking boxes for the countless screening tools and care plan goals, we may forget to document some key parts of our assessment. We can't let that happen. We have to be careful to address all pertinent parts of our nursing assessment and vital signs, period. When a patient comes in for a cardiac or respiratory complaint, for example, our assessment documentation should reflect the fact that we actually touched and assessed our patient and didn't simply rely upon machines and monitors for information.

Always touch your patient when you assess them.

Look, listen and feel. I can't say that enough. Vital signs are NOT a full assessment; they are simply a tool to aid in the assessment. Very sick patients (especially children) can sometimes compensate for a long time before their vital signs tank.

Don't be afraid to consider Intraosseous (I/O) access!

I/O access is not nearly as scary or difficult as it sounds, and it can literally save a life when time is of the essence. Find someone trained to do it when it matters. In one case I reviewed, a very dehydrated child went 6 hours with no access (IV and central line attempts were unsuccessful). She compensated until she couldn't anymore. If she had received IV fluids just hours earlier she likely would have survived her illness.

Don't assume changes in behavior are behavioral in nature.

The lesson here is, always ASSESS, never ASSUME. Yes, kids and teenagers can be anxious, dramatic, even combative. But if there is a change in behavior or mental status, don't take it at face value; think critically and explore it. In a pediatric patient, any change in mental status should be considered to be a result of hypoxia until proven otherwise1. A full reassessment (which includes actually touching the patient, auscultating breath and heart sounds, lifting the shirt and observing work of breathing) and vital signs should be performed.

Always notify the physician after changes in patient status.

This one is an extension of the previous. It is something we usually do, but don't always remember to document. Notify the physician /provider of any change in status and document this notification. If the patient needs to be reassessed by a provider we must be patient advocates and ensure this happens, even if it means going up the food chain until someone listens to us.


References

1. Emergency Nurses Association (2012), Emergency Nursing Pediatric Course. Emergency Nurses Association, Des Plaines, Ill.

I wouldn't engage in a cover-up; however, I will never testify against another nurse. The legal team will need to look elsewhere because I will never participate in another nurse's fall from grace.

If that sounds bad, so be it.

I understand if this job isn't something you'd personally want to do and that's fine.

I'm just not comfortable with the "even if another nurse made a mistake or failed to rescue, I would not point out their errors or deviations in the standard of care" part.

Do you really mean that you'd never want to be involved in a nurse's "fall from grace"? Regardless of the circumstances? I hope and actually believe that I've misunderstood that part. I'm all for having each others backs, the job we do is hard and we are only human. However, I do draw the line at protecting blatant incompetence.

Great article!! Thanks!! I'm a new nurse and this is great advice for me! I can think of a patient that got very SOB while pivoting to the BSC so I put him on 2L O2 via NC but didn't document that I did it nor called the MD! We put a condom catheter on him so he wouldn't have to get up.

The next day I had him again and an MD asked me to check his his sats w/wo the O2. He desated to the low 80's just laying there wo the O2!! Could this have been the case the day before as well?? Heck yeah!!! I should've called the day before!!

I have so much to learn..........

Specializes in Gastrointestinal Nursing.

Good article, thanks for the reminders!

Specializes in Nephrology, Cardiology, ER, ICU.

Intraosseous access is becoming much more common place now. Here is a Medescape article showing how to do the procedure with the EZ IO:

Medscape: Medscape Access

Specializes in Pediatric Emergency & Nurse Education.

Thank you Annie for that great explanation! You're right- the access itself, while it looks a bit shocking b/c it is a little power tool - is not the most painful part. the really painful part is having something infused into your bone marrow- and that can be addressed by infusing an anesthetic per policy prior to infusing the fluid or med. however I must say that in all my years in the children's ED- by the time the kid is alert enough to be bothered by the I/O access, they usually have traditional IV access and the I/O is being taken out. I have never seen a parent try to stop us from obtaining it- it is all in how you present the situation and educating the parent about the procedure is part of that.

There is a reason why I/O access is taught in PALS and other certification classes- it works. One thing I have found interesting in reviewing cases is that many hospital policies actually recognize the value of I/O access and put it into their policies- such as a policy for shock which states "if 2 IV attempts are unsuccessful consider I/O access". It is much easier and quicker than putting in a central line- and like you said- you can get those fluids going and then it will be easier to obtain traditional IV access later. if your hospital policy states that, and then a patient dies or decompensates b/c there was no access obtained- it's a bad situation. we need to be aware of the policies that guide our practice.

Specializes in Pediatric Emergency & Nurse Education.

re: the Medscape link:

thank you for posting that! EZ I/O has presented at several professional org. meetings and I have had the opportunity to practice the procedure on eggshells with them- practicing on eggshells and seeing that the hole DOESN'T split the shell made me feel better about the procedure- it isn't nearly as bombaric as it may seem!

I have no association with EZ I/O but I love the focus they put on education about this procedure.

Specializes in Pediatric Emergency & Nurse Education.

re: the "consent" question ....

Thank you for your question. I agree with Annie's response below. While it is typically used as a last resort, on very sick patients, it can certainly be justified for use on patients who aren't "circling the drain". the procedure looks worse than it actually is. It actually drills a very small hole in the bone which heals. for conscious patients, you would certainly want to infuse the lido per policy, after obtaining access. I've seen it done several times, and have honestly never had a problem getting "consent" or even had a problem with the patient being in any major pain from the procedure.

Specializes in Pediatric Emergency & Nurse Education.
I don't work in home care, so somebody else's opinion may be more pertinent, but... the parents don't have a nursing license to lose, YOU do. I would call the doctor if I thought I needed to. If you don't, and something goes wrong with the child, I don't think the parents would hesitate to throw you under the bus. "The NURSE knew something was wrong but she didn't call the doctor!!!!" From what I understand, failure to rescue is a pretty common reason to get sued."

Author response:

I totally agree with your points. The nurse is the one with the license and is responsible for reporting changes in status to the provider.

Specializes in Pediatric Emergency & Nurse Education.
I respectfully disagree. To me this sounds like "the White Wall of Silence". If a nurse makes a mistake or fails to rescue and this results in a patient being harmed or killed the nurse in my opinion has accountability. To what degree needs to be assessed. Aiding in covering something like that up goes against everything I believe in. What happens when the mistakes or failing to rescue isn't a one-off, but part of a pattern? "

Author response:

Thank you for that response! Excellent points made and I agree 100%. As an expert witness, it is of course important to uncover grossly negligent care- I will not apologize for that (wouldn't you want the same, if it was your family member who died?). Sometimes (the negligence) IS individual, but often it is reflective of SYSTEMS PROBLEMS which MUST be exposed so the same thing doesn't happen to another patient. I take pride in my work as an ENW and consider it a role of patient advocacy. Systems problems such as poorly written policies, unsafe staffing practices and inadequate nurse training can be exposed, and you better bet these things will be addressed in some way, if they are exposed in a legal case.

You comment also makes the point of not "precharting". I worked for a short time at a hospital that had a serious precharting problem once the new EMR rolled out because they hadn't prefected what the charting should consist of yet so many many dead pts had charts with all their hourly rounding filled in for several hours after they died. You never want to explain that to anyone.

Specializes in Pediatric Emergency & Nurse Education.
... How exactly do you go about becoming an expert witness? Who is it that approached you - hospital legal team? An outside lawyer? I always thought it sounded fascinating and that it was something I'd be interested in doing.

I know you can take a class, become certified- and I'm sure there are ways to put yourself "out there" as an ENW and drum up business, but ultimately being qualified is linked to your professional experience, not a class.

for me personally- it stemmed from me being a "triage nerd"- I love triage and so I have involved myself in several projects which deal with it- some on a national level, some local. writing articles, helping write a course, also being heavily involved in my professional organization.

Specializes in Pediatric Emergency & Nurse Education.
Some colleagues of mine have been approached by plaintiff's attorneys who have asked if they would serve as expert witnesses. They've all refused, and so would I.

Even if another nurse made a mistake or failed to rescue, I would not point out their errors or deviations in the standard of care. To me, serving as an expert witness feels like I would be throwing another nurse under the bus, so I will not do it.

I understand why you could feel that way. the reality is that many systems issues are revealed in these cases- issues that, if left unchecked, will continue to directly or indirectly cause patient harm. expert nurse witnesses are critical in helping uncover those, as well as in helping decipher the events in general (we as nurses often know how to explain things in "layman's terms" better than the physician witnesses. the legal teams are relying upon their team of witnesses to really figure out what happened and to explain it to them in terms they understand. in my experience, the nurses involved in the case are often deposed to get their side of things, but are not often actually brought to court or prosecuted).

I actually consider it a privilege to do this work. nobody gets "thrown" under the bus- anyone who ends up there has gotten there themselves. as a nurse one of the roles I value the most is that of patient advocate, and nurse advocate comes in a close second. I get to do both as an ENW. writing this article as a method by which to educate has been one example of how. But I do understand why it's not for everyone.