Posts Tagged ‘medico-legal’

Disappointed by Debridement

Friday, March 3rd, 2017

Nancy Collins, PhD, RDN, LD, FAPWCA, FAND

Plaintiffs often express shock and disbelief after eschar is removed, which often leaves a wound larger than the original size of the eschar.

Disappointed by Debridement

Wound photo: “Stage 4 decubitus displaying the Gluteus medius muscle attached to the crest of the ilium” by Bobjgalindo is licensed under CC BY 2.0

 

“We were in shock and couldn’t believe our eyes. It was like half her foot was gone.”

“My husband and I were horrified when we saw what they did.”

“My sister and I looked at each other, and I just kept asking why?”

“I had to leave the room and go the bathroom to cry when I saw what they did to my mother.”

You might think these quotes are from people who have witnessed a shocking crime or some sort of violence, but they are not. These are quotes from family members, now plaintiffs, who are suing for poor medical care related to a chronic wound. Their shock all had one thing in common—it came after seeing a wound that was surgically debrided.

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When Your Patient Refuses to Be Turned and Repositioned—And Then Sues!

Friday, February 3rd, 2017

Nancy Collins, PhD, RDN, LD, FAPWCA, FAND

The battle between optimal medical care and patient rights is one to fight with empathy and finesse to keep it out of the courtroom.

When Your Patient Refuses to Be Turned and Repositioned—And Then Sues!

 

I recently reviewed a lawsuit filed by the family of a patient* with a spinal cord injury. The patient was involved in a car accident and sustained multiple traumatic injuries. The medical team worked tirelessly over the course of many weeks to stabilize him. Because of this catastrophic accident, the patient was understandably quite devastated and depressed. He refused all physical therapy and spent most days lying in bed on his back, despite encouragement from his medical team and pleading from his family. He frequently stated that he wished he was dead and that he wanted everyone to leave him alone, often escalating things to the point of screaming.

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The RATS of Malpractice: Don’t Let Them Invade Your Wound Care Practice!

Friday, December 16th, 2016

Nancy Collins, PhD, RDN, LD, FAPWCA, FAND

The new year is quickly approaching, and most of us are reflecting and setting goals for 2017. Here’s a simple plan that outlines what you must do to minimize the risks of practice.

The RATS of Malpractice in Wound Care

 

As wound care practitioners, our main goal is to heal wounds as quickly and painlessly as possible. Over the years, this simple mission has gotten tied up in countless legal matters as disappointed patients and their families turn to attorneys when things don’t work out. Follow this outline of what to do to minimize the risks of practice in the new year.

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The Blame Game: Is It All Right to Blame the Patient?

Friday, November 4th, 2016

Nancy Collins, PhD, RDN, LD, FAPWCA, FAND

Clearly it is a legal liability when health care professionals (HCPs) do not follow doctor’s orders. But when the patient chooses not to follow doctor’s orders, things are not so clear.

The Blame Game: Is It All Right to Blame the Patient?

 

Most of the lawsuits I deal with have more than one named defendant. For example, the plaintiff (typically a deceased patient’s next of kin) might sue a hospital, a nursing home, and the attending physician at each facility. Sometimes they go a bit further and may even include the administrator, the director of nursing, and individual HCPs, such as the wound care nurse or the registered dietitian nutritionist.

When a lawsuit has multiple defendants, one of the main tasks is determining how much responsibility for the outcome to assign to each party. Responsibility is a nice word for blame, because that is really what we are talking about. Each defendant’s attorney will argue that their client is not to blame, which is obviously their job. What is not so obvious is that this means the attorney must deflect the blame to one of the other parties. It is truly every defendant for himself or herself.

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