Worried about being sued

[Susan9608]

I have concerns that a patient family might try to sue me. There was an event with their child, in which the child's trach became dislodged, causing the child to desat and brady. Child required about 1 minute of CPR and 1 round of epi. Post-episode, all MRIs and CT scans have been at child's baseline, so it seems there was no permanent ischemic injury.

I have not been assigned to this child again.

Whenever I come across the parents, they make comments to me about how I'm the nurse who wrenched [child's] trach out. Or they accuse me of blaming the episode on their family (as in the family pulled the trach out.) They say something every time they pass me in the hall, in the waiting room, or even in front of other families.

These are not the most stable people. They are from out of town, have other kids, and a history of drug abuse. They also don't seem to be the most book-smart. While this may seem like a terrible stereo type, they seem like exactly the type of family who would pursue a lawsuit over any perceived error in their child's care.

I'm not sure what to do with my concerns about this. I know that I did not pull the child's trach out; rather, I was called into the room for something unrelated, noticed the child's sats dropping, and upon assessment, discovered the trach was dislodged. So I know I didn't do anything wrong, but that doesn't mean that the family doesn't think I did something wrong.

I don't know if I should consult with my manager or supervisor or possibly the hospital's legal department. Has anyone else ever been sued or thought they were going to be sued? Possibly I'm worrying about nothing, but I'd rather be prepared.

[Reno1978, BSN, RN]

If nothing else, if there's a risk management group or hospital attorney, it would help to give them the heads up that the family is making remarks such as these.

[Tait, MSN, RN]

The best thing you can do when you have an odd situation like that is document, document, document!

"Entered patient room for rounds, pt stats in 80's, assessed airway and found trach dislodged..." etc etc etc. It could have come out in many ways...slipped...was dislodged as the family cared for the patient...or (God forbid) it was removed on purpose.

Don't borrow trouble by worrying yourself to death, that doesn't do anyone any good.

However, since they are harassing you, I would take that to my manager or house supervisor. Sounds like they are out of line, and I wouldn't put up with it.

:icon_hug:

Tait

[leslie :-D]

i totally agree w/tait's response...

make sure your notes are thorough and complete.

and yes, discuss this w/your nm - he/she need to know this.

best of everything to you.

leslie

eta: oh! and if you don't have nsg insurance - get it NOW.

[Susan9608]

Thanks. I did document everything, from being called into the patient's room, to finding the trach dislodged, to the aftermath that followed.

The MDs have done a great job trying to explain that trachs become dislodged often, which is why we do such extensive training with the families on how to handle trach emergencies.

I'm going to email my supervisor right now.

[Tait, MSN, RN]

Thanks. I did document everything, from being called into the patient's room, to finding the trach dislodged, to the aftermath that followed.

The MDs have done a great job trying to explain that trachs become dislodged often, which is why we do such extensive training with the families on how to handle trach emergencies.

I'm going to email my supervisor right now.

:icon_hug:

[Batman24]

You received great advice. You documented thoroughly which will help if they do sue. I would also keep a record of everything they have said since including date and time. NEVER respond to them. And yes, letting your NM know is a good thing. Best they (and lawyers) are prepared. Hugs.

[chicookie, BSN, RN]

As long as you do everything that everyone else has already said it should be fine.

Patients' family will be the patients' family and they will do some stupid stuff for their loved ones, or themselves. It doesn't seem fair when we are doing our jobs correctly but it comes with the territory unfortunately. Keep a stiff upper lip and don't let their bad comments bring you down. You do the best you can with what you got and that is that. :hugs:

Good waves are coming your way!

[TheCommuter, BSN, RN]

Getting sued? You've got to be kidding!

Unless the patient is profoundly injured or dead as a result of something you did (or failed to do), this is not lucrative material for litigation. The family can decide that they want to sue, but it is dubious that any decent attorney would invest the time and money on a venture that would likely go nowhere.

This is not really a lawsuit-worthy issue. You may wish to take a course in nursing and the law just to become assured regarding what patients and families can and cannot sue for. In order for someone to sue, he must have a cause of action. If you or the facility have not been found guilty of a tort (civil wrong), any action to sue you or the facility would probably be dismissed if it ever was filed. Personal injury suits are extremely risky and tremendously expensive for lawyers, so generally they do not take the case unless there is a clear cause of action and a large amount of monetary recovery is up for grabs.

[MedSurgeMess]

Getting sued? You've got to be kidding!

Unless the patient is profoundly injured or dead as a result of something you did (or failed to do), this is not lucrative material for litigation. The family can decide that they want to sue, but it is dubious that any decent attorney would invest the time and money on a venture that would likely go nowhere.

This is not really a lawsuit-worthy issue. You may wish to take a course in nursing and the law just to become assured regarding what patients and families can and cannot sue for. In order for someone to sue, he must have a cause of action. If you or the facility have not been found guilty of a tort (civil wrong), any action to sue you or the facility would probably be dismissed if it ever was filed. Personal injury suits are extremely risky and tremendously expensive for lawyers, so generally they do not take the case unless there is a clear cause of action and a large amount of monetary recovery is up for grabs.

Idiots will try to sue for anything, and can always find a lawyer who is willing to try the case, and there is always a jury out there who will find for the plaintiff. It's frightening to take care of patients, because anymore, it seems they can sue you for not being just perfect. UGGGHHHH!!!!!!!

[BabyLady, BSN, RN]

One of the requirements of a lawsuit is the suing party must prove that damages occurred.

The child was not permanently damaged....which has been proven via tests.

Trach's come out..that is the hazard of having them in the Pediatric population..

I would also tell your nurse manager of the comments of the parents. There is a time to just 'suck it up"..but having to deal with that every time they come to the hospital to me, is crossing the line into harrassment, especially when you are no longer assigned to the child.

Just because something bad happened and you were standing there...doesn't equal negligence or malpractice.

[lindarn]

Thanks. I did document everything, from being called into the patient's room, to finding the trach dislodged, to the aftermath that followed.

The MDs have done a great job trying to explain that trachs become dislodged often, which is why we do such extensive training with the families on how to handle trach emergencies.

I'm going to email my supervisor right now.

In order to have a viable case to litigate, there needs to be damages to the patient. No damages, no case ( I am not an attorney, but that is what I have been told).

That being said, I will give my usual advice in situations like this: make a copy of the incident reports, ALL of your nurses notes, and put them together at home. Screw HIPPA! Your piece of mind is more inportant.

I would talk to an attorney out side of the hospital. Many attorneys offer free initial consults. It would be worth the piece of mind. JMHO and my NY $0.02.

Lindarn, RN, BSN, CCRN

Spokane, Washington