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.

Your article is very helpful and your kind tone is so encouraging to me. I wish I could learn from you how to get all of this detail done. I like to do it; I know it's important. I don't want to do lose a patient. However, I am still struggling with having enough time to get the data and interpret it and act on it. Sometimes I spend a good deal of time with a patient whose vitals are slightly off or who looks sicker to me, and they turn out to be fine. Which is good except my instincts were off and I have lost time to give to another patient whose vs don't get done. Any advice?

A few years ago, I had a known drug seeker who was complaining of pain and causing a scene. I inherited this patient and saw that he was given no pain meds. Seems that the MD and the staff all agreed that this patient was not going to get narcs. I agreed, but I was not going to document 10/10 pain score without having documentation. I just asked the doctor if he wanted to give this patient anything for pain. He said no. I documented, "Pt having 10/10 pain. MD Jones informed of Pt's pain level. No new orders given." this way, I am covered in the event there is an issue. I think the key is telling someone, documenting it, and doing something about it if no one else does anything and you disagree with the treatment. In this case, I didn't disagree with the doctor, but I made sure I documented the interaction. Of course I documented his hx, physical, vitals, etc. Do you think this was the right course of action, legally?

Specializes in Pediatric Emergency & Nurse Education.
Your article is very helpful and your kind tone is so encouraging to me. I wish I could learn from you how to get all of this detail done. I like to do it; I know it's important. I don't want to do lose a patient. However, I am still struggling with having enough time to get the data and interpret it and act on it. Sometimes I spend a good deal of time with a patient whose vitals are slightly off or who looks sicker to me, and they turn out to be fine. Which is good except my instincts were off and I have lost time to give to another patient whose vs don't get done. Any advice?

Thanks for your feedback and question! yes. I think that learning to view the vital signs as just one component of the assessment is something that is important- and it gets easier with experience- b/c with every new patient you care for, you retain more and more knowledge about the signs and symptoms (sometimes subtle) that are warning signs for various things.

so for example if you are concerned about a patient, whether it is a gut feel thing or vital sign related- investigate further, from all angles- like a 360 degree evaluation, but it's a 360 degree assessment. talk to the patient- ask the patient questions, ask family members about the patient's baselines, get a full set of vitals, do a more detailed assessment- certainly contact the medical provider if you have a concern about a decline in patient status- better to be over careful than ignore your instincts, and most providers will appreciate that call b/c it shows that you are attentive.

remember you should be able to always ask your peers (or charge nurse) for a second opinion also. some hospitals have "rounding nurses" who are perfect resources for when you feel that something is "off" with your patient. they will come and investigate/assess/contact providers if necessary.

and document, document, document- when you do a reassessment for example, or when you contact a provider to report a concern. document objectively (rather than giving opinions)- such as, "1300: patient reports shortness of breath after ambulating to the bathroom at 1245. Lung sounds are clear to auscultation, breathing remains labored while patient is in bed, and he c/o left sided chest pain 5/10. O2 sat at rest is 95-96% on RA, RR 24. patient states he ambulated to the bathroom without difficulty or shortness of breath earlier today, at 9am. Dr. ___ paged at 1315 made aware of patient's symptoms. Chest x-ray ordered".

not the best example I know- but it's an example of objective and thorough documentation. hope it helps!

Specializes in Pediatric Emergency & Nurse Education.
A few years ago, I had a known drug seeker who was complaining of pain and causing a scene. I inherited this patient and saw that he was given no pain meds. Seems that the MD and the staff all agreed that this patient was not going to get narcs. I agreed, but I was not going to document 10/10 pain score without having documentation. I just asked the doctor if he wanted to give this patient anything for pain. He said no. I documented, "Pt having 10/10 pain. MD Jones informed of Pt's pain level. No new orders given." this way, I am covered in the event there is an issue. I think the key is telling someone, documenting it, and doing something about it if no one else does anything and you disagree with the treatment. In this case, I didn't disagree with the doctor, but I made sure I documented the interaction. Of course I documented his hx, physical, vitals, etc. Do you think this was the right course of action, legally?

yes I think you documented appropriately. I would hope that the physician notes/h&P would include details as to why they were not treating the patient's reported pain. This is something I would check, as his nurse. and if the doctor had not made notes regarding why the pain wasn't being treated, I, at least, would ask him to do this, to cover both him and I.

thanks for the question!

I come across this frequently. If it wasn't charted, it didn't happen. As I tell some of the new nurses I work with, you need to cover yourself. Even if the doctor does not order anything new, chart that they were notified, and document well that if you ever had to go back, you would know exactly what happened.

Specializes in ER.
Even if the doctor does not order anything new, chart that they were notified, and document well that if you ever had to go back, you would know exactly what happened.

Absolutely, make sure you document well enough you'll know what happened later. This was recently reinforced to me, when I got subpoenaed for a case as a witness. Had to read the chart twice before I remembered anything and realized that my charting has gotten considerably better in the last year.

I work in an SNF and I've never heard of I/O to my knowledge. I have, however, both heard of and utilized hypodermoclysis. Is this a technique that is ever used such as in the case of the dehydrated child that no one could get access on? Just curious.

Specializes in acute dialysis, Telemetry, subacute.

Thanks for sharing your article. I work PRN in the ED and documentation has always been something I stressed on especially when I was a preceptor. I have been "accused" of documenting too much several times and I always tell my co workers how I can defend myself if I have to go to court. I know so many great nurses who do so much but sadly don't document about 70% of their interventions.

Specializes in Inpatient Oncology/Public Health.
Thanks for sharing your article. I work PRN in the ED and documentation has always been something I stressed on especially when I was a preceptor. I have been "accused" of documenting too much several times and I always tell my co workers how I can defend myself if I have to go to court. I know so many great nurses who do so much but sadly don't document about 70% of their interventions.

Yep I actually got reprimanded by management for documenting in too much detail on a particular case. It wasn't excessive, it was what was needed to cover myself. I will continue to document in that way because if it comes down to it, I doubt management would back me up in a litigious situation.