Legal Question in Medical Malpractice in Pennsylvania
Malpractice- RN
I have a question reguarding malpractice for RN in home health. I was called to a patients home by the nurse aide we had sent there. The patient wanted out of bed, and only had a hoyer lift to do this. I explained that we don't use the hoyer for a one staff person transfer as it is not safe. We use a slide board for this. The patient stated they hadn't wanted to buy a slide so their wasn't one there. He went on to say that he and his wife (who is a physcian)use an upside down cookie sheet as a slide board. While this is a little out of the ordinary, I've seem much more unusual in home care. I transfered him with the upside down cookie sheet, settled him safely and comforatably in his wheelchair and he was satisfied. I stayed about half an hour talking with him, and then left. When his wife came home she was very angry that I hadn't couldn't use the hoyer, she did state that they used the sheet a few times, but it made it difficult on her to get him in to bed. The next day she stated that he had a bruise on his back caused by the move, and I am liable. Could this lead to a loss of liscense? She hasn't sued yet, but now I'm worried (and spending time trying to figure out what other careers I'd like.) Thank you for your time.
2 Answers from Attorneys
Re: Malpractice- RN
I agree with the reply you previously received from Mr. Newmark, & suggest that you follow his recommendations. Also, from your description it appears that any "injury" which may have been suffered by the patient was very minor. As such, it is very unlikely that any claim will be pursued. In the future, you should make certain that you know & follow the appropriate standard of care for any situation. Good luck!!
Re: Malpractice- RN
First, I don�t do Malpractice Defense or Risk management.I am a plaintiff�s attorney.
In addition to learning what your practice standards are, you need to be satisfy yourself about what your reporting requirements are, not because this case sounds severe - which it does not, but because this KIND of incident, is part of the home health care business.
You need to learn early on how to properly (and efficiently) deal with this kind of situation.
Hopefully, you will find that your documentation and reporting requirements are not �onerous�, but it is best to do things in a predictable and systematic manner - for the safety of patients and for your own peace of mind.
If you have an employer, you should find out what their reporting and documentation requirements are.
If you are self-employed, you should discuss your situation with a legal specialist in the health care / health business field.(As opposed to �Medical Malpractice�) Also you need to find out whether you personally need malpractice coverage.
By the way, it exceeds my expertise to determine if this particular incident would require a report, but it is probably a good place to start as far as learning the right way of handling these situations.
Best of luck with your venture.
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