If a patient dies and is injured while under your care as a nurse and allegations of negligence surface (you didn't do this correctly, you did not follow this procedure, you should have done this, you did not recognize this, you failed to assess this, you failed to process this which would have resulted in that, etc.) you need to make careful and informed decisions on how to proceed.
This is probably one of the worst things that can happen to you as a nurse. You are dealing with a variety of issues and emotions and trying to decide the best way to proceed in light of a terrible event.
Remember, the healthcare facility attorney or risk manager is the healthcare facility attorney or risk manager. Their role and job description involves protecting the interests of the facility first and foremost. Their primary concern is protection of the facility which may include of course dealings with you as an employee, former employee, or independent contractor, etc. in this incident.
This is very important to remember because unfortunately some nurses when these types of serious cases arise mistakenly follow the advice the healthcare facility attorney or risk manager as opposed to seeking independent legal counsel with a private attorney not associated with the facility.
The facility attorney or risk manager may be thinking about malpractice and mitigating the risks of possible medical malpractice/nursing negligence, federal or state regulatory agency investigations, root cause analysis, sentinel events, accreditation, public reaction to this event, etc.
As a nurse you should also consider and prepare for the probability of being named in a med mal or negligence lawsuit. However MORE importantly you should also think about your license and the forthcoming Nursing Board investigation and adjudication and the possibility of a criminal investigation and indictment related to the criminalization of a medical error.
Talk to someone from your state nurses association, a license defense attorney or criminal defense attorney as soon as possible. This is not the time to follow the watercooler advice provided by other nurses in an online chatroom or the advice of well meaning family membes and colleagues.
While having 5-10K in the bank for any emergency is nice (actually what is recommended in this economy is 8-12 months of living expenses), it is not realistic when most of us as nurses are living from paycheck to paycheck. But that is another post. We have a rainy day fund in our household but we also have insurance: malpractice, professional liability, umbrella's, medical, dental, life, disabilty, etc.
Posted by: latonia | June 02, 2009 at 07:15 AM
Of course this isn't always possible for nurses, but having at least $5-$10,000 in the bank for emergency legal fees is a good idea. Like, say you are under legal scrutiny, and it is NOT in the best interests of the facility to defend you, and you have to get a lawyer. If you don't have ready cash, you are hurting. If it comes down to your administrator getting her/his bonus so she can send her kids to private school vs. hanging you out to dry, we know what the choice is all-too-likely to be.
Posted by: PurpleNeonLights | June 01, 2009 at 09:27 PM