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.
I'm so sorry you are having to encounter the patient's family every day and cope with their ongoing litany of negative remarks while you are caring for others. I would document every negative encounter with the said patient's family as potential verbal abuse. Notify your supervisor. Document. Probably would be best to use an incident report form. I would also be speaking with risk management. Social services may need to be involved to set limits with the family in communicating with you.
OK- just to give my two cents... Do NOT copy incident reports, and do not copy the chart for your records at home. At best, you will be reprimanded at work, at worst- terminated and fined. Believe me, I know of what I speak. Not sure what your facility's policy is, but in every facility i have worked for or heard of- copying incident reports is a terminable offense and copying pt records for home is as well. We won't even copy IRs for physicians when they ask. Not trying to cause problems here on the message board, but with all due respect that was not sound advice. Best wishes and keep us posted.
PS- sounds like you don't have much to worry about.
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!!!!!!!
That's not really true -- I've known personally of several situations over the years (which suggests to me there are lots more "out there") where someone had a beef against a local hospital or provider and wanted v. much to sue, but couldn't find an attorney who would take the case (because there was no case) so they never did sue. In one local incident, the would-be plaintiff talked to (reportedly) every attorney within a 200-mile radius, and couldn't find an attorney who would help him take the hospital to court. Plaintiff's attorneys do serve a valuable public function by screening cases and keeping the baseless suits out of the court system. I know there are lots of people these days who are incapable of using the word "lawsuit" without putting "frivolous" in front of it, but lots of would-be suits, the truly frivolous suits, are kept out of the system. Attorneys don't take these cases unless they have a pretty good idea they can win the case, since they don't get paid unless they do. Also, the judge in the case can simply dismiss the case if the plaintiffs don't prove that their case meets the four conditions necessary for malpractice. If cases don't have some merit, they don't make it to the point of a jury hearing and deciding the case.
Now, crazy juries are another matter -- you get no argument from me there! :)
I realize that there have to be damages in order for someone to be compensated in a lawsuit. However, just because they aren't likely to prevail doesn't mean that they can't try and make my life miserable in the process.
I'm waiting to hear back from my supervisor at this point.
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.
OK- just to give my two cents... Do NOT copy incident reports, and do not copy the chart for your records at home. At best, you will be reprimanded at work, at worst- terminated and fined. Believe me, I know of what I speak. Not sure what your facility's policy is, but in every facility i have worked for or heard of- copying incident reports is a terminable offense and copying pt records for home is as well. We won't even copy IRs for physicians when they ask. Not trying to cause problems here on the message board, but with all due respect that was not sound advice. Best wishes and keep us posted.
PS- sounds like you don't have much to worry about.
That is where keeping a journal..that you don't tell anyone..absolutely no one about, comes in handy.
That way you can document things, keep tabs on them, so you'll have some degree of ammunition if you are ever unjustly accused of anything.
Specializes in CCU, SICU, CVSICU, Precepting & Teaching.
i hope you've already discussed this situation with risk management. if not, do so at once! also, write down everything you can remember about the incident and keep it at home. if you haven't already, fill out an incident report and put down everything you can remember. as always, document, document, document!
First off, pardon me for not knowing how to start a new topic thread as I'm new on this site. By the way, I'm an RT that will be starting nursing school in soon. Finally!
I have an comment/concern regarding being sued. It's odd but within a one week period I it was mentioned to me, from both a FNP and a RN, that in nursing "someone" will always be after you license. As an RT I have never had any real issues pop up. Sure, I have run into the unhappy family member on occasion, however, nothing serious as every occurred.
Although I have been away from the field for about 6 years, I know that respiratory therapist do not have a strong lobby. Moreover, even our licensing board seems to work against it's self at times. On the other hand, it has been my take that nurses have a comparatively stronger lobby and are backed by administration better than RTs. Yes, no?
May I get some opinions on how you feel hospital hierarchy does or does not back you legally and ethically when accusations start flying? I ask, in part, because I'm hearing that patients, not nurses, have all the rights these days. Maybe nursing isn't such a secure field after all?
but lots of would-be suits, the 
RubyRN,CHPN
172 Posts
I'm so sorry you are having to encounter the patient's family every day and cope with their ongoing litany of negative remarks while you are caring for others. I would document every negative encounter with the said patient's family as potential verbal abuse. Notify your supervisor. Document. Probably would be best to use an incident report form. I would also be speaking with risk management. Social services may need to be involved to set limits with the family in communicating with you.