Healthcare Traveler - November 2008 - (Page 43)

Advice of Counsel MD’s charting puts hospitals at risk Whenever a patient complains, a doctor in our hospital makes a note in the chart ordering the nurse on duty to file an incident report. Normally, we’d only file an incident report for a specific problem, like a missed medication or a patient fall, and it wouldn’t be included in the patient’s chart. We nurses feel the physician’s actions could get us into legal trouble. What do you say? An incident report shouldn’t be documented in a patient’s medical record; it’s an internal quality document used to report a clinical occurrence outside the normal course of the delivery of care. Incident reports are supposed to help organizations determine what caused an error and correct it, and shouldn’t be used to blame individual clinicians for medical errors. If the chart shows an I N FO R M AT I O N TO H E L P R E D UCE YO U R R I SK incident report exists, the patient may be able to use the document against the hospital in a legal proceeding. Patient complaints don’t usually warrant the level of scrutiny given to an incident report, so the physician’s behavior puts your hospital at legal risk. Report it to your medical director or chief medical officer, and handle patient complaints through your organization’s official complaint process. Karen H. Geller, RN, JD How a board of nursing case differs from litigation My nursing license is being investigated, but the allegations against me are no big deal because nothing happened to the patient—and the incident happened three years ago. However, I haven’t received anything from the board of nursing saying that the investigation has been closed. Should I sue the board to get them to close it? A ruling of negligence in a malpractice lawsuit requires that an injury occur. In administrative/regulatory actions, there is no injury requirement. Nursing boards are more concerned with the nursing process, not the end result. Also, there is generally a two-year statute of limitations for malpractice lawsuits, but not for administrative actions. Unless the nursing board notifies you that your case has been closed, it remains open. I’d advise you not to sue the board. Taralynn Mackay, RN, JD The views and opinions expressed herein are for general educational purposes and are not intended to take the place of speciﬁc legal advice, for which readers need to consult a personal attorney. This department originally appeared in RN, a sister publication. For subscription information, call 800-284-8945 or visit www.rnweb.com. Circle Career Card No. 622 http://www.rnweb.com

Table of Contents Feed for the Digital Edition of Healthcare Traveler - November 2008

Healthcare Traveler - November 2008 Editor’s Desk Contents In a Flash Paws for Thought Field Notes You Said It Perks and Preferences A Latitude Adjustment Drug Update Clinical Tips Advice of Counsel Cityscape Advertiser’s Index Name It When In. . . It’s in the Bag Contest Rules Big Deals Tax Facts Going the Distance Allied Corner Classifieds Tales from the Road

Healthcare Traveler - November 2008

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