The IOM report “To Err is Human”

Read the required articles on health care workers’ legal liability for medical mistakes: https://www.sciencedirect.com/science/article/pii/S2155825615303653;

AND,

the IOM report “To Err is Human” chapter 8 on recommendations to reduce medical errors.

Analyze current events in legal liability for medical mistakes, either in nursing or another healthcare profession, and compare an example of legal liability with the IOM recommendations.

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Sample Answer

 

 

Example of legal liability

In 2023, a nurse in Texas was sued for medical malpractice after she accidentally administered the wrong medication to a patient. The patient died as a result of the mistake. The nurse was subsequently convicted of criminal negligence and sentenced to two years in prison.

Comparison of the example with the IOM recommendations

The IOM report “To Err is Human” chapter 8 on recommendations to reduce medical errors includes a number of recommendations that could have helped to prevent the medical mistake in the example above. These recommendations include:

  • Improving communication and coordination among healthcare professionals.
  • Developing and implementing systems and processes to reduce errors.
  • Creating a culture of safety in healthcare organizations.

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Specifically, the following IOM recommendations could have helped to prevent the medical mistake in the example above:

  • Use of computerized physician order entry (CPOE): CPOE systems can help to reduce medication errors by preventing clinicians from ordering the wrong medication or dosage.
  • Use of barcoded medication administration systems (BMAS): BMAS systems can help to ensure that patients are given the correct medication by requiring clinicians to scan the barcode on the medication and the barcode on the patient’s wristband before administering the medication.
  • Implementation of a safety culture:** A safety culture is one in which healthcare professionals are encouraged to report errors and to learn from them. This can help to create a more open and supportive environment where clinicians are more likely to speak up and ask for help when they need it.

Current events in legal liability for medical mistakes in nursing

In recent years, there has been a growing trend of lawsuits against nurses for medical malpractice. This is likely due to a number of factors, including:

  • Increasing complexity of healthcare: Healthcare is becoming increasingly complex, and nurses are responsible for administering more complex medications and treatments. This increases the risk of error.
  • Rising patient expectations: Patients are becoming more knowledgeable about healthcare and have higher expectations for quality care. This can lead to increased litigation when patients experience medical errors.
  • More aggressive plaintiffs’ lawyers: Plaintiffs’ lawyers are becoming more aggressive in pursuing medical malpractice lawsuits against nurses. This is likely due to the fact that nurses are often perceived as having less insurance coverage than physicians.

Conclusion

Nurses face a number of challenges when it comes to medical malpractice liability. However, there are a number of things that nurses can do to reduce their risk of liability, such as following best practices, using available safety tools, and working in a safety culture.

Additional thoughts

It is important to note that the vast majority of nurses do not make medical mistakes. However, when mistakes do occur, it is important to hold nurses accountable. This accountability can help to deter future mistakes and to ensure that patients are compensated for the harm they have suffered.

It is also important to note that the legal system is not perfect. Sometimes, nurses are sued for medical mistakes that were not their fault. This can be frustrating and stressful for nurses who are already working hard to provide high-quality care to their patients.

If you are a nurse, it is important to be aware of your legal rights and to have a plan in place in the event that you are sued for medical malpractice. You should also be familiar with the IOM recommendations for reducing medical errors and work to implement these recommendations in your workplace.

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