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

1). Yes, the nurse is liable for the patient's injury because the patient initially informed the nurse about the cold sensation of his legs. Although the nursing assistant used too much hot water that caused burns, the nurse must check the patient's condition and inform the nursing assistant about the specifications of the hot packs used.

2). For the malpractice to be subject to litigation, the following three elements must be proven by the plaintiff:

1. A proof showing that the healthcare professional agreed to treat the patient --> The admission record of the patient
2. Dereliction - Using hot water bottle instead of regular hot packs
3. The proof showing the failure of healthcare professional to exercise the particular legal obligation - Patient's complaint regarding the burns
4. Injury caused to the patient due to the professional negligence - Second and third-degree burns to the patient's skin