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Why Are Nurses Singing the Blues? June 27, 2012 By #AmandaTrujillo, MSN, RN #nurseup #nursefriendly

July 8, 2012 in Amanda Trujillo, Bloggers & Blogs, Future of Nursing, Healthcare, Hospitals & Healthcare Systems, Nursing Blogs

Reprinted here with permission, original URL:

http://nurseinterupted.wordpress.com/2012/06/27/why-are-nurses-singing-the-blues/

Why Are Nurses Singing the Blues?

June 27, 2012 By 2 Comments
rwjf

I recently read an article written by Debra Wood, RN, a contributor to Nursezone (dot)com. (you can read it here) The topic was a study that reported an alarming percentage of registered nurses who are suffering from depression. I believe she referenced 18% of nurses polled in a study reported symptoms of depression—in comparison to 9% of U.S. adults who have reported having depression. She posed a reasonable question: Why is this happening? Many of us who have worked at the bedside recently or are currently practicing at the bedside can recite at least ten or more reasons easily. My number one response is: the evolution of Corporate Nursing. I’ve blogged about this “new” specialty of nursing that has been developing over the course of years as the healthcare system has become more complex.

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Before I discuss Corporate Nursing further, I’d like to offer my own take on the depression issue. My hunch tells me that the rate of depression in nurses is significantly higher than reported. Although the study itself included a little over a thousand nurses I think of two things: the stigma associated with depression and other mental health disorders is such that people are ashamed to report symptoms or to approach their primary care providers for help. “That” goes in your medical record, and if for some reason your medical record is accessed down the road other people will know about your diagnosis. If you think that your electronic medical records are safe because you see physicians or go to clinics within your healthcare institution—think again. Those records are privy to the inspection of risk management, employee health, and the information “magically” makes it to your unit managers. (Of course they will feign “shock” at even the suggestion that they get this type of information on their staff) From there you can be considered a liability to patient care. This does happen, and I was advised of this by an attorney who says it is a common “under the table practice.”***I’ve said it many times before—practice defensive corporate nursing!**** If you need to get help, get it “outside” of the healthcare providers associated with your workplace!!

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The other reason I think nurses are depressed is the perception of being “stuck.” I read some research in recent days that discussed reasons many new graduates are leaving the nursing profession so soon after graduation— it’s the shock they encounter when they actually get out there and do the real stuff nursing is about. Students are not taught what they will actually be a part of after they graduate—the pressure, the workplace politics, the moral distress, the higher acuity of the patients, and the impossible expectations from management to “get the patient satisfaction scores up.” Those are just a few of the burdens we face as bedside nurses. Other nurses feel stuck because they did not go back to school and increase their marketability so that there would be greater career possibilities, as a result they are pinned down at the bedside and remain there for years—a perfect recipe for burnout. There was a statement in the article about how “being depressed” leads to all the problems interacting with coworkers, patients, and providers. I’d like to pose the theory that its those very interactions that can be the “cause” of the depression. Nurses don’t just get depressed out of the blue and start taking it out on everyone around them, its an accumulation of negative or emotional interactions with others that is a very big contributor. We could ask that well known question—”What came first, the chicken or the egg?” My bet is that the depression comes from the workplace first and initiates a cascade of interactions or issues much like the clotting cascade. When something goes awry….it can rapidly deteriorate to DIC. We could also utilize the Renin Angiotensin Aldosterone feedback loop as a comparison.

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Generational differences in the workplace are also a problem. The time honored conflict of the “older generations of nurses versus the newer generations of nurses.” Most of the “veteran or baby boomer” nurses are in management positions and have a very different view of the workplace, how they communicate, and how they behave in comparison with the newer X and Y generations of nurses. Many of these management figures never went back to get a higher degree or to learn the leadership skills that are so essential to run a successful unit with good patient care outcomes, effective teamwork, and happy nurses. Research has shown the greatest conflicts exist between the Generation X nurses and the Veterans/Baby boomers. The caustic relationship these two generations have with one another is where the phrase “nurses eating their young” came from. Certainly, that can contribute to depression over time. I don’t think I need to go into the emotional and physical effects of nurse bullying on a nurse—whether it be in the workplace or in cyberspace. There are plenty of books on the subject, and I am going to make a safe assumption that it’s a pretty big contributor to depression in nurses.

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Corporate Nursing has evolved into something reminiscent of assembly lines in a factory. We discharge three patients and right away we get three new ones. There is paperwork to complete, orders to process, phone calls to make, and charting to do. Today’s nurses don’t even have the time to go over the patient’s history in the computer or do care plans because of the fast paced environment, impossible nurse to patient ratios and the higher acuity of the patients. The patients need more, and more, and more. Nursing theory? What’s that? Nursing diagnoses? There is no time for such luxuries. I can tell you that many days I went off shift swearing that I knew nothing about my patients except that they were alert, oriented, pink, warm, dry, had their meds, had good blood pressures, decent rhythms, and that my charting was done. That isn’t what I went into nursing for.

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As I was growing up I didn’t dream of being a nurse so I could just process people in and out of a hospital as fast as possible before I felt they were even safe to discharge. I didn’t work hard to make it through nursing school with my daughter just so I could go perform a bunch of tasks over and over that really add up to nothing but “tasks” at the end of the day. I went to school to become a nurse because I wanted to get to know my patients, to help them make decent recoveries, to take the time to teach them and listen to them and support them. I went to school because I wanted to help “people.” I went to school with the idea that nursing was about my allegiance to “the patient.” I graduated with that understanding too. My nursing professor constantly stressed the importance of balancing “hi tech nursing with hi touch.” Unfortunately that isn’t what nurses “do” or who nurses “are” in hospitals today. The definition of nursing as we are taught by our professors is not the same definition a hospital has for our profession. Personally I have a problem with the art and science of nursing being manipulated and refashioned into something I don’t even recognize—all in the interests of the mission, values, and goals of an institution.

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To be successful nurses, Corporate Nurses must have allegiance to the institution FIRST. They are required to be who the hospital wants them to be, look like the hospital wants them to look; they are to believe what the hospital wants them to believe, and they are to follow the status quo without questions. One’s sense of ethics, values, beliefs are to be set aside because they have no place in the Corporation. Over time, it can be very easy to lose one’s self in all of that. One day you wake up and wonder who the hell you are and why you are there…you wonder how long it’s been since you really knew what you stood for in the world or in the profession. Today’s Corporate Nurses know they cannot speak up in the interests of their patients without retaliation, so they feel forced into silence and stuck between a Corporation and their patient, between their job and the lives of their patients. It can’t be a fun feeling to have at the end of the day when you try and sleep, or when you get off of a three shift run and have four days to think about the patient you knew was in danger but were forced to turn away from. Certainly enough of these scenarios can really tax a nurse’s emotional and physical health over time.

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At the end of horrific days during which none of the nurses on a unit got the chance to eat, use the bathroom, or get a moment away to attend to their own psyche– it’s unrealistic to expect that these same nurses are going to bounce on out the hospital doors focused on heading straight to the gym for a cardio session or adding up their calories and fat grams for the day. They go home, say hi to their families, and crash—hard. Then, it’s time to do it all over again even though they feel they could still sleep another whole day before being ready to go back to “that.” I dare suggest that for a majority of nurses preventive health is one of the last things on their mind because they are too busy and stressed trying to “survive” moment by moment, hour by hour, day by day. Their brains are too full, their shoulders too burdened to think of themselves and living out the “ideal healthy life.” As it is they barely get enough sleep or rest.

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Look, I could go on and on and continue to list reason after reason for why nurses are depressed more than the general population. The Nursezone article offered some strategies to reduce depression in nurses that, in my opinion, aren’t going to happen anytime soon. After all, they would require the “ok” of the Corporation and the investment of more money into what hospitals already recognize as the biggest expense they have—Nurses. One suggestion I found completely unrealistic in today’s politically charged, toxic work environments involved having managers bring up an open discussion on depression during staff meetings. I can’t see any nurse wanting to pipe up during that “talk” and take the chance of possibly being “looked at closer” by management. Some suggestions in the study she cited included: “Advocating for policies that support good mental health and treatment for those with problems, promoting supportive work environments and making reasonable accommodations for nurses whose depression is negatively affecting their work performance.” Again, a supportive work environment means what a Corporation wants it to mean, not what nurses want, desire, or need it to mean. The word “advocating” and Corporations just don’t go together. Furthermore, Corporations don’t make “accommodations” for those who present a potential liability to their bottom line, they just find ways to discipline the liabilities until they can terminate them—it’s cheaper and less messy.

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When you think about it–It all goes together, why nurses are depressed more than other people. When your body is under a great deal of stress your stress hormones and metabolism go out of whack. The fight or flight response is always “on.” When you’re busy you don’t think of eating, or eating the way you should. Some people utilize food to self- medicate for stress. When you aren’t getting good sleep your metabolism is greatly affected and your weight can increase as a result of that. If you aren’t happy with your job to begin with and you aren’t sleeping, eating right, exercising, and are gaining weight it could be hypothesized that a nurse would likely begin to feel like everything is out of his/her control—especially if all of these things are affecting the home life as well. Loss of control depresses our patients, we are not exempt from that.

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Balance is the key word here, but it is hard for nurses to maintain balance in their lives when one of the biggest parts of their life is so unbalanced. This toxicity spills over into all other areas of their lives, through no fault of their own, and I believe that. If we want healthier, more balanced nursing professionals who will remain in our profession changes have to start at the Corporate level. Corporations have to buy into the theory that investing in the health and well- being of their nurses will pay off for them in the long run. They must be convinced that they will get a return on their investment. Remember that Nurse Managers cannot advocate for bedside nurses when their loyalty is to the upper management that they must answer to and support. Corporations have to view nurses as a valuable resource and act accordingly. They have plenty of money to expand and buy more properties and equipment…I have a hard time believing that these same Corporations can’t invest in a high tech fitness center/trainers for its staff members, massage therapy, communications courses, support groups for nurses, a partnership with companies like Weight Watchers to help people learn how to eat better on the run, or financial incentives to promote healthier BMI’s and pounds lost. Certainly there is room in the budget (we all know there is) to invest in lift equipment for every patient room, more patient care assistants to help the nursing staff, and a work schedule option that would allow nurses to choose 8, 10, or 12 hour shifts.

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Let’s recall the RWJF’s initiative “Transforming Care At the Bedside.” If you want happy, satisfied patients and good patient outcomes, you must must must invest in the happiness, satisfaction, and health of the nurses first–as well as the cohesiveness and well being of the nursing team. (Its purpose is also to enhance positive multidisciplinary interactions but I am focusing on nurses for sake of discussion) Until Corporations stop putting the cart before the horse (skipping over the nurse and focusing on competition, profits, and patient satisfaction) the number of nurses with mental health ailments like depression is going to continue to rise and they will keep leaving our profession as fast as we get them in.

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We cannot heal others until we heal ourselves FIRST. We can’t give to others what we don’t have to give to ourselves.

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For more information on Nursing & Patient Advocacy, Entrepreneurship: http://www.nurseup.com/

Kindly sign our petitions:

Amanda Trujillo, RN & Banner Del E. Webb Medical Center, Sun City, Arizona: Position Statements Requested http://www.change.org/petitions/nurseup-com-issue-position-statements-on-the-amanda-trujillo-rn

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Advocating, Leading, Caring: The Journey to Capitol Hill, Amanda Trujillo, MSN, RN #Nurseup #AmandaTrujillo #Nursefriendly

June 2, 2012 in Amanda Trujillo, Arizona, Banner Health, Banner Health Arizona, Bloggers & Blogs, Bullying, Del E. Webb Medical Center, Healthcare, Healthcare Abuses, Hospitals & Healthcare Systems, Sun City

 

Reprinted here by permission. Original URL: http://nurseinterupted.wordpress.com/2012/06/01/advocating-leading-caring-the-journey-to-capitol-hill/

 

There are many hurdles I have yet to overcome in my own state toward the goal of protecting my colleagues, their ability to protect and teach patients, and patients’ rights at the end of life. As far back as I can remember I have read stories in People Magazine and Oprah Magazine. I’ve seen stories on the internet, national news programs, and have watched movies based on real life events on the Lifetime Channel. (Don’t laugh) Regular people like you and me accomplish the impossible  every day. They overcome the hecklers, the naysayers, the seemingly impossible hurdles.  THEY MAKE IT TO CAPITOL HILL. THEY GET HEARD, THEY MAKE CHANGE TO HELP OTHERS. I used to think that change for our profession was primarily–and solely dependent on the leaders within our profession and within the various nursing organizations—namely, the American Nurses Association–of which I am a member.  I was convinced it was the responsibility of the upper echelons within our profession to do all the work and make sure the troops in the trenches at the bedside were heard and protected. It never occurred to me that the bedside nurse could make an impact, that we had the privilege or ability to go to Capitol Hill and be heard by our country’s leaders. I don’t know why I thought you had to have some kind of professional license or “in” to be able to speak.  I never wanted to be in a position like this, or a situation like this, or even be involved in politics. Like a plane drops objects to the ground from 35,000 feet in the air now and then, life has a way of plopping things down in front of you, without warning,  out of the blue. There is no rewind button, no fast forward button, no slow motion replay function…no “system restore point.”

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What I do know for sure is that a path has been determined for me and regardless of what occurs in “other situations” I am going to Capitol Hill to testify about what our profession is enduring right now in this moment, the risks we take, the struggle we face to choose between ourselves and our patients, the damage we sustain to our physical and emotional well being, and the difficulties we experience trying to practice to the full extent of our education and licensure. I want legislation in all 50 states that protects bedside nurses from retaliation while performing the duties we took an oath to do and are mandated to do via the Nurse Code of Ethics. Right now, only twenty three states have laws in place to protect nurses from retaliation when advocating in good faith for the safety and well being of their patients. Twenty three states isn’t enough. In the past year several cases of retaliation have occurred and I wonder how many more have taken place that we don’t know about. How many other nurses have lost their livelihoods, sustained PTSD, and left the profession because of reporting patient safety concerns. The point is, it is happening more often and in many states at once—it has to stop, NOW. This isn’t just an issue about our practice and the future of nursing– its about establishing a safe nest for our young so they can develop and grow in a healthy way, its about the bigger issue of protecting people’s lives, their well being, their basic human rights, and their right to the best healthcare. We went to school to be the protectors, the teachers, the healers, the innovators, and the leaders that are supposed to help shape healthcare policy and contribute to healthcare reform.

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Most of us went to school ( and stayed in school ) in pursuit of something more than a “job.” We went to school because we were called by “life” to be nurses and want nothing more than to spend our lives caring for people whether it be at the sunrise or sunset of life. Its that love, that pride, that passion, that belief in something greater that pushes some of us to the very edge overlooking an awfully deep and rugged canyon. It’s that innate desire to do the right thing that causes some us to remain focused on making it to the other side of the canyon by simply trying our wings–no matter the odds. This is my nurse journey, but at the same time I share it with  many of you out there who have written to me and those of you who have remained silent and forever changed by your experiences. I have set a goal and I intend to achieve it but would like to ask all you nurses out there–I would welcome you–to write me. (fyrhoneybsn@yahoo.com/info@nursefriendly.com) You can remain anonymous, you can give a fake name, or you can provide all your information–what I want to know are these things:

1. Have you ever been retaliated against in any way when trying to advocate for your patient or speaking up about workplace safety issues

2. How did it make you feel

3. Did it impact your desire to remain in nursing

4. Did the experience(s) affect your health either emotionally or physically

5. Why you initially wanted to become a nurse  

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I have learned enough this past year to know that there are scores of nurses dealing with the emotional and physical scars they have sustained by trying to do their jobs as nurses, –protecting patients. I have received enough letters to know that many nurses are transitioning out of the profession and surrendering their licenses. I have read enough facebook messages, emails, tweets, and gotten enough phone calls from nurses across the country to know that nurses are the silent walking wounded–ashamed–living with devastating mental illnesses such as major anxiety depressive disorder and PTSD as a direct result of our profession, unsure of what to do with their lives or who they are…..Most importantly I have read stories of lives cut short, whether it be a patient’s life, or nurses who attempted suicide multiple times out of guilt for not speaking up to prevent a patient’s death, or embattled in a nurse bullying situation or a nurse retaliation situation. It should not hurt to be a nurse, at least not in the ways we are hurting today. Nursing should not make nurses feel like they have to choose between their patients and themselves, or that they need to take their own lives, or that they are worthless used baggage– hopeless after the unnecessary loss of a career and life calling. Family members of nurses have written to me tell of watching their loved ones go in and out of psychiatric treatment centers after experiencing “survivors guilt”(because they feared speaking up),  nurse retaliation or persistent nurse bullying in the workplace. They describe the gradual loss of a once vibrant  partner, a mother, a sister–that their loved ones were never the same. What we do every day as nurses is phenomenal. Its the stuff miracles are made of. We are the backbone and the spirit of healing in this country– ironically its us who need the support and healing the most.

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I want to take people’s stories to Capitol Hill with me. I want to collect as many as I can, I want to read as many as I can to the members of Congress so that the voices of so many are finally heard and respected. This is a way you all can “advocate, lead, and care”  by just telling your own personal story–without risk, without fear. This is a way you can make it to Capitol Hill and be accounted for. If you wish to go along for the ride and go to Capitol Hill with me then by all means let me know that too. But Im not waiting anymore for people to advocate for me or for my colleagues or for a profession I love dearly and the work of caring that is so much a part of who I am. Its my responsibility as a nurse, and a citizen to do the work necessary to make the change that is needed. Im tired of seeing position statements, reading articles, and hearing about new initiatives–none of which address the true life experiences of the bedside nurses. There is no better time to “do” rather than “talk” than now. Every second we wait, every day that goes by patient’s lives are on the line, a nurse is forced to choose between herself and her patient, a nurse loses her livelihood…or worse his/her life. When Nurses Week 2013 rolls around I want to know that I’ve truly accomplished something that will help our profession retain more nurses, raise awareness about the need to heal and support each other, and strengthen the voice of Nurses.

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“That” would make all “this” well worth the ride……

Please forward this to any nurses you know that may have a story to tell, or that want to have their voices heard on Capitol Hill….and again, if you wish to go with me and testify before Congress I think that would be just as lovely……what better way to display a strong unified presence…..

 

 

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Kindly sign our petitions:

Petition: Amanda Trujillo, RN & Banner Del E. Webb Medical Center, Sun City, Arizona: Position Statements Requested

http://www.change.org/​petitions/​nurseup-com-issue-position-stat​ements-on-the-amanda-trujillo-​rn

Petition: Arizona State Board of Nursing: Remove Amanda Trujillo’s nursing license from ”under investigation” status | Change.org

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Andrew Lopez, RN
Nurseup.com, A Nursing Advocacy Organization
38 Tattersall Drive
West Deptford, New Jersey 08051
856-415-9617, Fax: 856-415-9618, info@nursefriendly.com, @nursefriendly

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Nursing Home Rehabilitation Stay Proves Terminal. Was Quality of Care Given An Issue? #nursefriendly #nursecasestudy #nurseup

May 23, 2012 in Case Studies, Clinical Nursing Case Studies, Malpractice Case Studies

 

Nursing Home Rehabilitation Stay Proves Terminal.

Was Quality of Care Given An Issue?
Lloyd v. County of Du Page, 707 NE.2d 1252 – IL (1999)

Original url: http://www.nursefriendly.com/nursing/clinical.cases/071199.htm

 

See also: Medical, Legal Nurse Consultants, Clinical Nursing Case of the Week, Clinical Charting and Documentation, Nurses Notes, Courtrooms, Disability, Discrimination, Employment, Expert Witnesses, Informed Consent, Medical Malpractice, Nursing Practice Acts, Pensions, Search Engines, Torts and Personal Injury, Unemployment, Workers Compensation, Workplace Safety:

Each week a case will be reviewed and supplemented with clinical and legal resources from the web. Attorneys, Legal Nurse Consultants and nursing professionals are welcome to submit relevant articles. Please contact us if you’d like to reproduce our material.

 

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Summary: Nursing homes are frequently a patient’s destination for
rehabilitation following surgery.  Common conditions fitting
this bill include large bone fractures, hip replacements and stroke.
Following these acute episodes, the patients are too unstable to
go home and not “sick” enough to have their hospital stays
reimbursed by insurance companies.  The purpose of admission
to a nursing home is to help the patient regain lost function,
strength and health.  In this case, the patient would remain in the
Nursing Home till her death of complications.

The patient was admitted to a state owned nursing home
following repair of a femoral fracture.  Her treatment plan
emphasized Physical, Occupational therapy and Nursing care
to provide for rehabilitation.

She had successfully undergone surgery to repair a fractured
femur.  The length of stay projected was six weeks.  During
this time, the patient’s condition would worsen rather than
improve.

This is not an isolated incident.  Media attention is continuously
focusing on conditions in nursing homes.

“A TIME investigation has found that senior citizens in nursing
homes are at far greater risk of death from neglect than their
loved ones imagine. Owing to the work of lawyers, investigators
and politicians who have begun examining the causes of
thousands of nursing-home deaths across the U.S., the grim
details are emerging of an extensive, blood-chilling and for-profit
pattern of neglect.”2

The patient’s skin was intact and she was continent on admission.
She would develop multiple pressure ulcers on her bony
prominences.  These are frequently the consequence of inadequate
turning and poor nutrition.  Monitoring of both of these factors
are direct responsibilities of nurses and nursing home personnel.
If either is inadequate, a duty is owed to the patient by the nurse
to inform the physician.  The physician, once made aware, is
then charged with taking additional measures as needed.

The patient would have a Foley catheter inserted supposedly
for urinary incontinence.  Documentation would later show
that need for catheterization had not been established.

The patient had been fully continent on admission.  Her
rehabilitation plan called for her to ambulate to the bathroom
when needed.  An assessment of her ability to go on her own
was nowhere to be found at the time of her Foley catheter
insertion.  Development of a urinary tract infection is a known
complication of catheter use.  The patient would develop a
UTI soon after.

“In the last year, complaints against nursing homes in Texas
are up over 60%. Medication errors, under-staffing, unsanitary
conditions, neglect, lack of care, substandard care and injuries
from dangerous products, are but a few of the dangers. The
administrators of these facilities contend that the level of care
is excellent in Texas nursing homes but, state investigators and
Texas juries have been sending a different message.”3

On the initial trial, the court dismissed the claims.  They based
this on the fact that the nursing home personnel were “state”
employees and supposedly immune from liability.

The patient’s family appealed.

Questions to be answered:

1. Could the nursing home personnel in a public facility be
held liable for negligence in the care of the patient?
Specifically, could they be sued for not maintaining the
standards of care required by the state?

2. Were the “incidents” leading up to the patient’s deterioration
reasonably “foreseeable” by a prudent caregiver in a
similar situation?

On appeal, the plaintiff presented multiple pieces of evidence
documenting neglectful incidents.

This documentation included fractures during transfers (one
requiring re-hospitalization and extensive surgical repair),
the development of skin breakdown, the development of
infections of the respiratory, urinary and gastrointestinal tract.

Each of these events suggested that care for the patient could
be falling below accepted standards.  Each of these events
could be identified as necessitating further therapy and
increasing the patient’s length of stay.

In reviewing the Tort Immunity Acts of Illinois, it was
determined that liability could be assessed for acts of
negligence or omission in the patient’s care.

It was clear from physical, mental and health status changes
that the patient was deteriorating.  These changes, specifically
the multiple injuries during transfers, development of skin
breakdown and infection could be traced to negligence in the
omission of required care.  Any time the treatments prescribed
by the physician are not carried out, or if it is not documented
that they have been carried out, the possibility of omission and
negligence is raised.

It is highly unlikely that if the treatments and care prescribed
had been given that the gross deterioration would have occurred.
In this case, documentation of care was not present.  Documentation
of “likely results of neglect” was present.

This underscores the necessity of properly documenting the care
you give.   Many facilities are adopting “charting by exception”
policies.  These are dangerous in that they may not account for
basic care given.  In saving time and nursing costs for a facility,
not fully charting care given can raise the question of a nurse’s
omission and negligence later in court.

If the temptation to chart care that is not given is present, keep
this in mind.

If time for giving proper treatments and care is not there,
falsifying records is patently illegal.  It is an offense that
could cost you your license if reported to the State Board.

In the case of a lawsuit, it is much cheaper for a facility to
scapegoat a nurse, than defend one.  If reporting you to the
State Nursing Board, or threatening to will give their attorney’s
a bargaining chip to keep an employee “quiet,” about existing
conditions they’ll use it.

“Generally, the nursing-home industry likes to settle lawsuits
quietly and often hands over money only in exchange for
silence.”2

A nurse must decide if saving facility money by spending
less time charting or on patient care is worth possible liability
or loss of licensure down the road.  It is highly unlikely that
a nursing home or hospital will defend a nurse named in a
lawsuit.  This chiefly will happen only when the facility’s
assets are at stake.

If conditions in a nursing home are visibly substandard, a
nurse must ask if it is wise to continue working in the facility.
Ask yourself.  Is the administration receptive to suggestions
for improvement?  Do they raise concerns over overtime and
time involved to complete care and charting?

As media attention and lawsuits increase, more nurses will
find themselves involved in legal actions.  If it’s determined
that poor conditions existed yet nothing was done about
them, the cost in liability could be high.

“Palo Alto attorney Von Packard has studied the death
certificates of all Californians who died in nursing homes
from 1986 through 1993. More than 7% of them succumbed,
at least in part, to utter neglect–lack of food or water,
untreated bedsores or other generally preventable ailments.
If the rest of America’s 1.6 million nursing-home residents
are dying of questionable causes at the same rate as in
California, it means that every year about 35,000 Americans
are dying prematurely, or in unnecessary pain, or both.”2

Many states have “elder abuse” legislation mandating abuse
be reported.  Whistle blower legislation is slow in coming.
Currently the employer’s interests are put first rather than the
patient’s or employees in most cases.  Protections for nurses
that do report abuse are questionable in their effectiveness.
The risk of employer retaliation is high.

The chances of a nursing home or hospital defending you
against the State Board of Nursing when your license is
at stake over an incident are almost none.  In fact, it is
common for complaints to be filed by the facility where
a nurse has worked.

Unless you have a personal malpractice insurance policy,
you will be forced to pay for this representation out of pocket.
For less than the cost of a typical day’s pay (around $70-$90
per year), most personal policies will provide representation at
no additional cost to you.

Related link Sections:

Direct Patient Care Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/linksections/directpatientcarelinks.htm

Ethics:
http://www.nursefriendly.com/nursing/directpatientcare/ethics.htm

Foley Catheterization:
http://www.nursefriendly.com/nursing/directpatientcare/foley.catheterization.htm

Informed Consent:
http://www.legalnursingconsultant.org/legal.nurse.consultants.lnc/informed.consent.medical.legal.htm

Mechanical & Physical Restraints:
http://www.nursefriendly.com/nursing/directpatientcare/mechanical.physical.restraints.htm

Medical Legal Consulting Nurse Entrepreneurs:
http://www.nursefriendly.com/nursing/ymedlegal.htm

Operating Room (Surgical) Links on: The Nurse Friendly
http://www.nursefriendly.com/nursing/directory/spec/operatingroom.htm

Nursing Homes, Long Term Care Links:
http://www.nursefriendly.com/nursing/nursing.homes.long.term.care.htm

Wound Care:
http://www.nursefriendly.com/nursing/directory/business/woundcar.htm

Sources:

1. 39 RRNL 12 (May 1999)

2. Time Magazine.  October 27, 1997. Fatal Neglect. Retrieved July 11, 1999 from the World Wide Web: http://cgi.pathfinder.com/time/magazine/1997/dom/971027/nation.fatal_neglect….

3. Law Offices of James K. Burnett, P.C. 1999.  Nursing Home Negligence. Retrieved July 11, 1999 from the World Wide Web: http://www.nursinghomenegligence.com/
 

 

The Uniform Resource Locator (URL) or Internet Street Address of this page is
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Send comments and mail to Andrew Lopez, RN

Created on July 11, 1999

 

Last updated by Andrew Lopez, RN on Wednesday, December 28, 2011

 


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