Question
Read the required articles on health care workers’ legal liability for medical mistakes: https://www.sciencedirect.com/science/article/pii/S2155825615303653;
AND
Analyze current events in legal liability for medical mistakes, either in nursing or another healthcare profession.
OPTIONAL:
Compare an example of legal liability with the IOM recommendations (optional)
NSE TO DD
Medical mistakes by health care professionals is increasingly growing as the years go by. It tends to be more scary for nurses because they provide most of the care and administer the medications. Most of the medical mistakes stem from medication errors. Medications can be lethal if the dosage is too much, for the wrong purpose, interacts badly with another medication, etc. The case of RaDonda Vaught was highly mainstream, and her case seemed to put fear in the hearts of medical professionals ( especially nurses). According to NPR, “RaDonda Vaught a former nurse criminally prosecuted for a fatal drug error in 2017, was convicted of gross neglect of an impaired adult and negligent homicide…Vaught was tasked to retrieve Versed from a computerized medication cabinet but instead grabbed a powerful paralyzer, vecuronium. According to an investigation report filed in her court case, the nurse overlooked several warning signs as she withdrew the wrong drug — including that Versed is a liquid but vecuronium is a powder — and then injected Murphey and left her to be scanned. By the time the error was discovered, Murphey was brain-dead” (Kelman, 2022). That situation was very unfortunate, but she did avoid the warning signs, which seems to be common. Many professionals fail to double check their work or consider patient safety before perfoming task maybe because some tasks are recurrent and habitual. Because of this, they might try to skip over essential protocols. Also, according to the Patient Safety Network, there was a case where the wrong dosage of a drug was administered to a little 2-year-old girl. “He discovered the patient had received oxycodone 3 times in less than 8 hours (1 dose prior to the dressing change and 2 doses after). The nurse checked the automated dispensing machine in which the oxycodone was stored and was surprised to find a higher concentration of oxycodone solution stored in place of the typical, lower concentration pediatric solution…higher concentration of oxycodone solution was incorrectly placed in the automated dispensing machine by a pharmacist who was working per diem. The RCA also found that the nurse did not check the concentration of the medication to be administered against the order written by the physician” (Jelincic et. al, 2018). In this case, there was another medication error, which almost cost the life of the patient. The difficulty surronds medications. Even the article titled, “Medication Errors and Criminal Negligence Lessons from Two Cases” all the issues stemmed from people being negligent and performing risky behaviors with medications. According to John Hopkins medicine, “Analyzing medical death rate data over an eight-year period, Johns Hopkins patient
Medical mistakes are a leading cause of death and injury in the United States. In a 2019 study published in the Journal of Patient Safety, researchers estimated that medical mistakes kill more than 400,000 Americans each year. This makes medical errors the third leading cause of death in the country, after heart disease and cancer.
Nurses play a vital role in providing healthcare, and they are also at risk of making medical mistakes. A 2020 study published in the Journal of Nursing Scholarship found that 59% of nurses reported making a medical error in the past year. Most of these errors were minor, but some caused serious harm to patients.
Legal liability for medical mistakes is a complex issue. In general, healthcare providers can be held liable for medical malpractice if they breach their duty of care to a patient and this breach causes harm. However, there are a number of factors that can affect whether a healthcare provider is found liable for a medical mistake, including the type of error, the severity of the patient’s injuries, and the state law in which the lawsuit is filed.
Current Events in Legal Liability for Medical Mistakes
In recent years, there have been a number of high-profile cases involving legal liability for medical mistakes. One case that gained national attention was the case of RaDonda Vaught, a nurse who was convicted of criminally negligent homicide in 2022. Vaught was convicted of administering the wrong medication to a patient, who later died. Her conviction was the first time a nurse had been criminally charged for a medical mistake in Tennessee.
Another notable case is the case of Dr. Christopher Duntsch, a neurosurgeon who was convicted of capital murder and aggravated assault in 2017. Duntsch was convicted of harming 33 patients, including two who died. His case is considered one of the worst cases of medical malpractice in U.S. history.
These cases highlight the serious consequences that can occur when healthcare providers make medical mistakes. They also underscore the importance of holding healthcare providers accountable for their negligence.
Trends in Legal Liability for Medical Mistakes
There are a number of trends in legal liability for medical mistakes. One trend is that patients are increasingly filing lawsuits against healthcare providers for medical malpractice. This is likely due to a number of factors, including increased awareness of medical errors, the rising cost of healthcare, and the availability of legal resources.
Another trend is that courts are becoming more willing to hold healthcare providers liable for medical mistakes. This is likely due to a number of factors, including the increasing complexity of medical care, the growing number of medical errors, and the public’s desire for accountability.
Finally, there is a growing trend towards using alternative dispute resolution (ADR) to resolve medical malpractice lawsuits. ADR processes, such as mediation and arbitration, can be faster and less expensive than traditional litigation. They can also be more confidential and less stressful for patients and healthcare providers.
Implications for Nurses and Other Healthcare Professionals
The trends in legal liability for medical mistakes have a number of implications for nurses and other healthcare professionals. First, nurses and other healthcare professionals need to be aware of the risks of medical errors. They should also take steps to reduce the risk of making medical errors, such as following safety protocols and using checklists.
Second, nurses and other healthcare professionals need to be aware of their legal rights and responsibilities. If they are accused of making a medical mistake, they should contact an attorney immediately.
Finally, nurses and other healthcare professionals should support efforts to improve patient safety. This includes advocating for policies and procedures that reduce the risk of medical errors.
Conclusion
Legal liability for medical mistakes is a complex issue. However, there are a number of trends that are emerging in this area, including an increase in lawsuits, a greater willingness of courts to hold healthcare providers liable, and a growing trend towards using ADR to resolve medical malpractice lawsuits.
Nurses and other healthcare professionals need to be aware of these trends and take steps to protect themselves from legal liability. They should also support efforts to improve patient safety.
Additional Thoughts
In addition to the trends discussed above, there are a number of other factors that are shaping the legal landscape for medical mistakes. One factor is the rise of telemedicine. Telemedicine allows patients to receive healthcare from providers remotely, using video conferencing or other technology. This can be a convenient and affordable way to receive care, but it also presents new challenges for patient safety. For example, it can be more difficult to diagnose and treat patients remotely, and there is a risk of miscommunication between patients and providers.