Question

Mr. Berger was admitted to the hospital because he had decreased sensation and poor circulation in his left leg. He complained to the nurse that his leg was cold and asked for a heating pad. The nurse told the nursing assistant to place a hot water bottle on the patient's left lower leg. Two hours later the nurse returned and found the patient complaining of pain in his lower left leg. Upon examination, the patient was found to have sustained second- and third-degree burns to the skin under the hot water bottle. In court, the nurse was questioned and testified that she did not know that the nursing assistance had filled the hot water bottle using water from the urn in the kitchen used to make tea and had not measured the temperature of the water.

Do you think the nurse is liable for the patient's injury? Why or why not?

Were all the elements of malpractice on the part of the nurse present? There are 4 conditions that must be met to be a malpractice case. Please address each of these conditions in your answer.

Answer 1

Yes. In this scenario nurse is liable to the patient’s injury, He ended-up with second-third degree burns. Nurse should be trained her assistant about the temperature to be maintained in the pad. It shows medical negligence.

The four conditions mentioned below to met to be a malpractice

1. Duty
2. Dereliction
3. Direct causation
4. Damage

1. Duty: Nurses should treat the patient with respect, and listening to the patient. At times if she can’t help with the patient problem, she can ask some assistant to do so.

Here Nurse told assistant nurse to put a hot pad on the left leg

2. Dereliction. The nurse may do something wrong by accident, Other examples of dereliction of duty are mistaken diagnosis or missing a diagnosis altogether; giving the wrong medication; offering treatment in a dirty environment that leads to infection; or neglect, which is common in cases involving nursing homes.

Here in nurse failed in giving complete instructions of hot pad application in terms of temperature, duration of application.

3. Direct causation. If there was dereliction of duty, did it directly cause the negative outcome that has a patient considering whether to file a lawsuit?

Yes due to poor direction of duties, it has directly caused the patient negative outcome.

4. Damages. What physical or emotional harm did the physician/Nurse cause to the patient?

He ended up with second or third grade burns in his left lower leg due to unmeasured temperature, untold duration.