Nurses and Lawsuits: How often does it happen?

[coogabooga]

Hello, I've been a nurse in the ICU for a couple of years now and I've recently moved from Texas to Maryland. I've noticed quite a difference of atmosphere, however, I've been drawn to the seriousness of documentation. For example, obtaining consent for a procedure MUST be discussed and explained with the patient/POA by the physician. Yes, I realize that in Texas this is a law too, however, sometimes when we did telephone consents for central lines and what not, we never put the physician on the phone because it was so hard getting ahold of them. It was no big deal, we'd leave the consent in the chart and eventually the physician may or may not sign it. It is not like that in Maryland (and I'm very happy for it). This is just one example, but I've heard several nurses say that people in this area are "sue happy". Now with new technology, nurses seem to be getting more anxious about possibilities of increase liability.

So the point of this thread is how many nurses do YOU know have personally been sued? Not just appeared in court because they were associated, but actually suffered repercussions (i.e. job loss, financial burden) because their of poor documentation or because of an honest mistake.

I know this seems broad, but I'm very curious to hear examples. I've only been a nurse for 2 years, but I have yet to meet ONE nurse whose gone to court or been sued.

[bill4745, RN]

In 15 years, I've never known a nurse who was even attempted to be sued.

[netglow, ASN, RN]

I am a newer grad. I am aware of a few cases, and very likely 3 more in recent days/months, tho I don't personally now these people. Get your mal insurance folks. What's sad, most of these these nurses had no way to prevent what happend and were blindsided, even with no knowledge of the incident. Keep your ears open, listen to the stories you hear, and you see how easy it is to be thrown under the bus. Thing is, being sued is bad. But worse is the fact that you and your career will be ruined often regardless if you are personally sued. You will find out how little the people you work with care about you in this "caring" profession.

[winniecooper]

Most of the people who sue are like you said, "sue happy." They see court as free lotto tickets with better odds. With patient loads and lack of cooperation from many members of the team (*cough* doctors), it's unavoidable most of the time. You just have to do the best you can without worrying too much. Most intelligent attorneys know the money is in the facility, not the staff, so that's who they'll go after. I'm not going to start preaching but I do believe that in the next life you'll be judged with the same ruler you use to judge others. So I feel for these people who do this.

[Luv2care0907]

Most of the people who sue are like you said, "sue happy." They see court as free lotto tickets with better odds. With patient loads and lack of cooperation from many members of the team (*cough* doctors), it's unavoidable most of the time. You just have to do the best you can without worrying too much. Most intelligent attorneys know the money is in the facility, not the staff, so that's who they'll go after. I'm not going to start preaching but I do believe that in the next life you'll be judged with the same ruler you use to judge others. So I feel for these people who do this.

That is so true. We are human and as much as we try not to, mistakes happen. There are people that I know personally who have discovered how easy it is to sue and make lots of money suing anyone in their path that makes a mistake. It has destroyed nursing. My heart for people is the heart of what started nursing. Those first nurses wanted to save lives. I do a great job because I care. To be motivated to do a good job to avoid a lawsuit has absolutely ruined this profession. It is why the cost of medicine is so high. It is why I can't get a job.

[Chin up]

We have an attorney and I wont say his name, (no publicity here). Anyway, he advertises heavily on TV, and has numerous billboards in the poorer neighborhoods of the city, seeking clients to sue NURSES. Get this, his specialty is LTC. His motto and I am paraphasing, "people trust nurses, but he holds them accountable". He supposedly has a 100% success rate. He is an ambulance chaser at best, now tapping into a field, that he feels has been overlooked. The worst part is folks who never thought to sue nurses, are being indoctinated with every commercial and billboard they see. I expect to see a rise in these cases. Documentation is our only and very best friend. No matter how busy you are, document. No matter how insignificant you think something is, document. Life is not fair and when you think of these unscrupulous folks running around, with no care about you and your family, please protect yourself. Document, document, document. Peace!

[Overland1, RN]

As the economy becomes tighter (i.e., worsens), lawsuits (like traffic tickets) are more likely more often... it's the way of the world.

Documentation will often make all the difference if you are called as a witness or a defendant - make it neat, concise, accurate, and logical.

[traumaRUs, MSN, APRN]

Please don't give advice unless you have been sued. Yes nurses are sued and fairly often. That said if you are sued, named as a witness or called to do a deposition, the first thing you are told is not to discuss anything with anybody.

You can look up statistics on NSO.com. They recently completed a study.

[steelydanfan]

It happens. Get malpractice insurance, take a course in legal repercussions of nursing and DOCUMENT. In a court of law, if you don't document, it was NOT done. And I don't mean the important stuff, I mean documenting EVERYTHING you reported in a Pt. transfer. THAT's how bad it can get. There's a fine line between being thorough and being paranoid, but that is reality in this day and age. Our society is full of people who feel entitled and look at a less than perfect outcome as a Lottery ticket to riches.