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May 30, 1999: Patient Left Unrestrained, Patient Injured. Nurses Judgement Call
The decision to use or not use restraints
must be made with caution and good judgement. Their intended purpose must be to protect either the patient or others who may be injured by the patient including the staff caring for the client. The ultimate determination of necessity is left with the physician. Often, the moment to moment necessity is determined by the nurse. In this case a nurse did not feel restraining
the patient was necessary. When an injury occurred, the patient sued.
Gerard v. Sacred Heart Medical Center - 937 P. 2d 1104 (1997)
May 23, 1999: Sponge Count Off, Patient Develops Sepsis, Surgeon Blames Nurse.
Sponge Counts are a basic and critical safety measure
during a surgical operation. In this case, the standard three counts
were not performed. A sponge was left in the patient that would later
lead to infection. When the issue went to court, the surgeon claimed
"it was not his responsibility" to keep track of the sponges.
Johnston v. Southwest Louisiana Assn. 693 So. 2d 1195 –LA (1997)
Editors Note: The urls to these cases are Permanent and Will Not Change. Feel free to link to any case you feel is helpful. To host any of our cases on your website or reproduce them in your publications, please contact Andrew Lopez, RN
Please choose from the following:
- Malpractice Cases By Date Posted (Twenty Nine Cases Total)
- Malpractice Cases by Department:
Emergency Department, Operating Room, Surgical
- By Type of Facility: Hospital
- By Topic: Nurse Abuse,
Nursing Documentation,
Restraints,
Sepsis,
Sexual Harrassment,
Sponge Counts,
Verbal Abuse
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Each case will be reviewed and supplemented with clinical and legal resources from the web. Legal Nurse Consultants and nursing professionals are welcome to submit relevant articles. Please contact us if you'd like to reproduce our material.
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See also: Medical, Legal Nurse Consultants, Clinical Nursing Cases, Clinical Charting and Documentation, Nurses Notes, Courtrooms, Disability, Discrimination, Employment, Expert Witnesses, Informed Consent, Medical Malpractice, Nursing Practice Acts, Pensions, Search Engines, Torts and Personal Injury, Unemployment, Workers Compensation, Workplace Safety:
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Send comments and mail to Andrew Lopez, RN
Last updated by Andrew
Lopez, RN on Monday, January 25, 2010 |