The Nurse's Role in the Causation of Compensable Injury

Abstract

Mistakes can be life-threatening and result in malpractice claims. There are few studies that discuss malpractice claims and nursing. The purpose was to identify possible relationships between the actions, behaviors, or characteristics of RNs and the injury suffered by a patient involved in a compensable event. Claims were analyzed retrospectively. Using the Fischer exact test, nurse inaction yielded a higher patient outcome severity score. No single nurse behavior or characteristic was significantly related to the patient outcome severity score. Findings support the belief that system problems may be a contributing factor.

Closed Claims Analysis of Medical Malpractice Lawsuits Involving Midwives: Lessons Learned Regarding Safe Practices and the Avoidance of Litigation

“…As noted, other health care professionals have utilized analysis of malpractice claims as a method for improving clinical practice. These include registered nurses, obstetrician‐gynecologists, and anesthesiologists—all professionals with whom many CNMs/CMs interact on a daily basis . Similar practices can be seen in all of these professions that have contributed to adverse outcomes, including failure to call for assistance when circumstances warrant it, less‐than‐optimal communication between practitioners, and poor documentation of events in a timely and objective manner .…”

“…These include registered nurses, obstetrician‐gynecologists, and anesthesiologists—all professionals with whom many CNMs/CMs interact on a daily basis . Similar practices can be seen in all of these professions that have contributed to adverse outcomes, including failure to call for assistance when circumstances warrant it, less‐than‐optimal communication between practitioners, and poor documentation of events in a timely and objective manner . The closed claims analysis described here explored factors involved in litigation proceedings involving CNMs/CMs from 2002 to 2011 that may have contributed to adverse clinical outcomes resulting in subsequent lawsuits being filed.…”

Nursing Attitudes and Practices in Code Documentation Employing a New Electronic Health Record

“…Complete, timely, and accurate code documentation helps to inform the future care plan of an individual patient and enables later review with an eye toward improving the quality and safety of care. 2,3 Code documentation can also be a determining factor when establishing whether a breach in the standard of care has occurred, and it can help reduce liability and costs related to medicolegal actions 4,5 The Joint Commission supports the use of a code documentation tool in which all important data elements are clearly defined. 6,7 Sittig and Singh have identified three considerations when using an EHR to achieve national safety goals, including (1) analysis of safety concerns unique to the EHR; (2) appreciation of safety concerns from failure to use the EHR appropriately; and (3) the value of the EHR to help identify opportunities to improve patient safety.…”