Medication given against wishes

Nurses General Nursing

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Recently a close relative of mine was admitted to the hospital for surgery. Post-operatively she had quite a bit of pain and had one day in particular in which the pain was uncontrolled for her. Her nurse came in and suggested a shot of IV Ativan that was on her order set as standard protocol by her physician for anxiety or insomnia. The nurse strongly encouraged her to try the Ativan and stated that she would be getting no more pain medication per the doctor's new orders. My relative refused the Ativan because she felt like it was an absolute pain control issue and not one of anxiety. After a short time the nurse came back in and gave my relative something in her IV stating, "This will make you feel much better". She asked what it was and to her horror the nurse said, " I went ahead and gave you the Ativan because I think you needed it. You are very anxious".

To make matters worse, (this was a 12 day hospital stay) we found out after a nurse friend assumed care the next day that the IV pain meds had not been discontinued and the nurses has only told her that to keep her from asking for it. This was an abdominal surgery that was laproscopic but extensive and the surgeon had to deal with a lot of complications during the surgery that included a lot of manipulation becaude of severe scarring from previous surgeries. He explained that pain would absolutely be an issue and he covered this by ordering Dilaudid 1 mg every 2 hours as needed for pain. I believe that the nurses became tired of giving this medication and when he felt a PCA pump would not be appropriate for my relative (she became oversedated before) this was the way they handled it. They lied to her and led her to believe that she had no medication for pain and gave her the Ativan as a way to try to sedate her.

The timing of this entire event coincided with the surgeon being out of town for several days so he was not there to witness this. When it was addressed upon his return he sent in the nurse manager and a patient representative. He also consulted a pain management doctor to help get her pain under control. We are frustrated because we feel the hospital has not taken appropriate action to resolve this matter. No one has contacted my relative to discuss this and she has such a fear now that she has cancelled 2 surgeries and several minor procedures that she needs to have. She has admitted that she has had nightmares about this incident and feels like she can no longer trust anyone that she encounters in a hospital setting. I am unsure what to do to help her. I would never dream of giving someone a medication that they clearly refuse. I have encouraged her to contact an attorney at the very least. I am wondering if anyone has any advice as to how I can help her handle this. I have been a nurse for 8 years but I am at a loss as to what to do. I think the hospital is avoiding her and I think they need to address this issue and do something about it. I have thought about reporting the nurse to the nursing board but I don't necessarily want to cost someone their job. I think at the very least the staff should be reprimanded and re-educated about pain and patient rights. I know this has not been done because I have a close friend who works on that same floor.

Specializes in Emergency, Telemetry, Transplant.
It's actually against the constitution to give medication to a patient if a patient doesn't want it.

Which constitution says this? I defintely agree that is it very wrong for the nurse to administer ativan against the pt's will, but it is certainly not the US Constitution that says anything about giving a medication against a pt's wishes.

Specializes in Med-Surg/Neuro/Oncology floor nursing..
sprinkles85, i think you avatar is absolutely adorable! i just love that face!

thank you! that is my nephew! he was born 2 months premature but thanks to the wonderful doctors and nurses at a hospital in chicago he was born with no complications. no lung or heart problems and when they went to give him some oxygen he screamed and wiggled until they took it off. he was only in the nicu for two weeks and was only given a feeding tube for a week until he learned how to eat. when my sister went into early labor and was 6cm dilated and knew they couldn't stop the labor(they tried giving her magnesium to stop it but it put my sister into pulmonary edema so they had to stop it). long story short they gave her a couple of shots of a steroid i believe(i forgot what...i don't work mother-baby) and he was born pretty much fine.

anyway sorry to get off topic. back to the original post. chances are if a lawyer is retained and the hospital is sued...the hospital will probably settle unless the party suing wants some large amount of money. only 10 percent of cases are brought to trial. but as others have brought up...the hipaa violation is really serious and if anyone finds out about it, your nurse friend can be reprimanded, fired even have her license put in jeopardy. a nurse at the hospital where i used to work at was canned after breaking the hipaa violation(she was talking about a patient by name(and her condition, including medications) to her boyfriend that came to visit in an elevator where other visitors and staff members were as well. another staff member reported her and she was gone the next day, and this nurse always followed the rules. they have that sign in the elevator that says not to talk about a patient and their condition in the elevator for a reason. after this nurse was fired we had a big nursing meeting about hipaa and not mentioning patients and their conditions at all let alone by name in front of people who aren't supposed to know about the patient.

Specializes in Med-Surg/Neuro/Oncology floor nursing..
Which constitution says this? I defintely agree that is it very wrong for the nurse to administer ativan against the pt's will, but it is certainly not the US Constitution that says anything about giving a medication against a pt's wishes.

Well I was taught different. Of course this was a mental health class and we were learning about about psychotropic medications which Ativan is. The case of Rennie v. Klein established that hospitalized individual has a constitutional right to refuse psychotropic medication without a court order. The case of Rogers v. Okin established the patient's right to make treatment decisions. Ativan is indeed a psychotropic medication...sorry I should have been more specific.

Specializes in Peds, Med-Surg, Disaster Nsg, Parish Nsg.

Although this sounds like an unfortunate event, we cannot give legal advice. You need to seek the services of an attorney to determine your best course of action.

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