If A Healthcare Provider Makes An Error...

[shy little mouse]

Of course I would be less inclined to sue. I see that people make genuine mistakes, and we are all human. Unfortunately our mistakes can kill people. That is the big difference between our job and those who don't work in healthcare.

Nine years ago my grandmother was administered the wrong med at a hospital and had an adverse reaction to it. She was given a beta blocker although she did not have HTN, and she became hypotensive. My mother and aunts were very upset, but I calmed them down. It was taken care of and it didn't kill her. Even if it would have killed her, I wouldn't have been so upset, because she ended up becoming hospice a week later; she had major medical issues anyways and I was against her hospitilization in the 1st place. (She had stopped eating of her own free will and she was in to be rehydrated and possibly have a feeding tube placed.) My aunts and uncles were always more inclined to get riled up about medical issues and decisions because they did not understand the issues or that the providers are human. I think that they felt that medicine could do the impossible and save someone who smoked 3 packs a day for 50 years.

That being said, I think there are truly different standards in different situations. When it comes to kids I think there is less understanding of mistakes, as perhaps there should be. If I felt a healthcare provider made a mistake that killed my child, as opposed to the medical condition killing them, I may be inclined to think about a lawsuit at that point. But it would have to be glaringly obvious to me that it was the mistake and not the diagnosis.

 

[Galahad]

If I felt a healthcare provider made a mistake that killed my child, as opposed to the medical condition killing them, I may be inclined to think about a lawsuit at that point. But it would have to be glaringly obvious to me that it was the mistake and not the diagnosis.

This can be very hard on a grieving family too. In our state, most potential malpractice claims are reviewed by attorneys, doctors, etc before they even become lawsuits and the vast majority end up being something that isn't really a valid lawsuit . Either it was the diagnosis, as you say, or that there might have been irregularities in the care but those irregularities didn't likely change the outcome. The hard part for the families is that they are so focused on revenge that they refuse to see what really happened. It really gets in the way of grieving as well.

 

[Pea-n-Me]

I didn't want to come across as though I am perfect and never make any errors

Sorry slm, sure sounds that way. We all make mistakes, unfortunately, and you are no exception (although I agree that some are more prone than others). I am extremely careful as well but I've had my share of errors. I don't know any provider in practice for a significant amount of time who hasn't. Sometimes you make an error and are not even aware of it. When I've made an error I've informed the patient and apologized. Studies have shown that more often than not all patients want is an apology. Luckily, it hasn't happened very often, but I've been in practice for 18 years and worked over 30,000 hours at my job, so of course in all that time there were bound to be some. I remember and feel awful about each one to this day.

Disney Doll, as a patient or family member myself, I might be likely to report an error if I saw that it was part of a systems issue. I would have more understanding for a human error issue.

Being on the other side of the bed is a real eye opener to any health care professional. When I was getting chemotherapy, the medical assistant wrote my weight down 50 lbs more than my actual weight. As you know, chemo is weight based and higher doses can cause heart failure (my specialty, so that would obviously be my worst nightmare). Luckily, the NP caught it before the infusion was prepared. That system check was in place so I did not complain formally.

I also spent 10 nights in my own hospital having my twins. Another eye opener. I feel that my experiences have given me a unique perspective on what our patients go through. I'm sort of of the mindset that we should all feel what it's like to be on the other side of the bed (though wishing nobody any harm ). If you haven't seen it, I really enjoyed the movie The Doctor with William Hurt. It demonstrates the dehumanization of being a patient very well.

 

[Mskanga]

If no harm was done and as long as I can make sure this does not happen again , I would be happy with that. If there was long term effects from this or steps were not taken to prevent it in the future, then I yes I would sue. But then again when you are faced with that situation , you never know what you would do.

 

[FourFlans]

Frivolous lawsuits.......Cost of health care. I don't know, anyone else concerned about the connection?

(Not addressed to the non-frivolous lawsuit folks out there).

 

[shy little mouse]

Sorry slm, sure sounds that way. We all make mistakes, unfortunately, and you are no exception (although I agree that some are more prone than others). I am extremely careful as well but I've had my share of errors. I don't know any provider in practice for a significant amount of time who hasn't. Sometimes you make an error and are not even aware of it. When I've made an error I've informed the patient and apologized. Studies have shown that more often than not all patients want is an apology. Luckily, it hasn't happened very often, but I've been in practice for 18 years and worked over 30,000 hours at my job, so of course in all that time there were bound to be some. I remember and feel awful about each one to this day.

You are absolutely right. I may have made med errors that I am not aware of. But it is the one thing in MY control that I try diligently to avoid. As I said, the patient who took the fall is the worst case scenario for me. The guy did die a few days later. He was hemodynamically unstable, although he had been refusing vitals, so I had no baseline to compare him to before and after the fall. I should have gotten help in the room sooner. There are 10 other things I wish I would have done differently that night! I was already under a ton of pressure being floated after 4 hours and taking a different group and getting report late because I had to give report on another floor first. I didn't see him first because I relied on the report that I was given, that he was sleeping in bed. Do I feel that he died as a result of the fall? No. Do I personally feel guilty and responsible and feel that the fall hastened his death in any way? Yes. Most of the RNs I work with are terrific, most with as much or more experience as you. I very seldom see them make errors. I am sure they do, and I am sure I do and am not aware of it. The cases that I presented earlier are unfortunately with a certain group of nurses that we follow who seem to be very careless or error prone. When you follow certain people you learn to expect certain things. Everyone has off days, but in the case of the K+ error, that particular nurse is very incompetent and shouldn't be practicing in an acute setting.

 

[Lisa loves Pooh]

But, say that happens. Say a healthcare provider makes a mistake, the investigation is done, it is truly determined to be a mistake. If you were the "victim" of the mistake, and the healtcare provider then came in, owned up to it, and apologized, would that make you less inclined to sue?

I don't think it is an easy yes or no answer.

Depends on what the mistake was. Some mistakes are true honest error that anyone could have made. And others can be determined to be worse.

Some "mistakes" have gone on to be proven to be extremely negligent (no specific cases to mention--but it happens!).

I'm sorry--I don't think the mcdonald's lady was a stupid lawsuit.

My daughter sustained 2nd degree burns at my mothers house from scalding hot water. BUt she was 2 at the time. She healed beautifully--no harm no foul, my mother lowered the hot water heater.

Now with McDonald's coffee---sure--we all know coffee is hot..but accidents happen and the poor woman accidentally dropped it. Now I don't recall the extent of her injuries...but scalding liquids ain't pretty.

Now--I didn't go sue my mother...heck, I probably wouldn't sue a hospital or hotel...but I sure as heck wouldn't keep my mouth shut if an injury was caused due to negligence of the other party.

While honest errors get fixed--sometimes someone needs a swift kick in the rear via lawsuit to realize...that they cannot continue letting those mistakes happen. While we have a sue happy society--I don't think all lawsuits
are frivolous just b/c they look so in the summary.

Just my thoughts--speaking generally.

 

[Lisa loves Pooh]

Curious--what is everyone's definition of no harm done?

 

[mickeyfan2]

Now with McDonald's coffee---sure--we all know coffee is hot..but accidents happen and the poor woman accidentally dropped it. Now I don't recall the extent of her injuries...but scalding liquids ain't pretty.

I thought she got it at the drive-thru and put it between her legs. She then caused the top to pop off and the coffee burned her private area.

 

[crz4mm2]

I made a med error as a new grad. Wrong patient was given wrong med. Very busy unit, charge nurse told me to give "this med to that pt" and I did. Later it was "oh, I said 'that patient' not this patient". Sigh. No harm was done(THANK GOD). But I felt terrible. I had to call the physician. Admit what I had done. Had to tell anesthesia (as the patient was going to surgery). Made me much more aware and made me check every order myself instead of doing what the charge nurse said.....

Would I sue if no harm was done, absolutely NOT.

DS was bit by a dog when he was younger. My mom's neighbor's dog. THe dog was not mean, but it jumped up and bit a hunk of his lip off. It was an ACCIDENT. THe insurance covered his medical bills. I didn't DREAM of suing for 'pain and suffering' but the neighbor asked my mom if we were going to!! imagine!

 

[Disney Doll]

Well, LLP, you and I are going to have to agree to disagree on the frivolousness of the McD's lawsuit.

Sorry...coffee is hot. Most people who drink coffee know that. To sue a company because you got burned with hot coffee that you ordered, that you put between your legs (because that is what happened) is ludicrous. To be on a jury and decide in favor of the plaintiff in that case was just as ludricous. I maintain that if plaintiffs had to pay fees, court costs, etc. when their lawsuits were found to be frivolous, we'd have a lot fewer frivolous lawsuits.

I also maintain that most folks are very likely to sue a healthcare provider, no matter what happens, because they know that in most cases the y will get a settlement or win a lawsuit. They have the sympahty vote on their side.

 

[crz4mm2]

Well, LLP, you and I are going to have to agree to disagree on the frivolousness of the McD's lawsuit.

Sorry...coffee is hot. Most people who drink coffee know that. To sue a company because you got burned with hot coffee that you ordered, that you put between your legs (because that is what happened) is ludicrous. To be on a jury and decide in favor of the plaintiff in that case was just as ludricous. I maintain that if plaintiffs had to pay fees, court costs, etc. when their lawsuits were found to be frivolous, we'd have a lot fewer frivolous lawsuits.

I also maintain that most folks are very likely to sue a healthcare provider, no matter what happens, because they know that in most cases the y will get a settlement or win a lawsuit. They have the sympahty vote on their side.

I agree with you completely! I am glad that there are caps on some suits.