Negligence Case Summary

Laura is a nurse working in the Intensive care. The physician tells Laura that she needs to give an injection of Vistaril to a patient. Laura makes sure that the order is documented in the medical record. The medication comes up from the pharmacy, she checks it against the physician order, and finds it to be correct. She walks into the patient’s room and checks the patient’s identification to make sure it is the right patient. Laura gives the injection to the patient’s right upper outer quadrant of the buttocks, and documents this in the medical record. The patient leaves the hospital. A year later, Laura is told that a lawsuit has been filed against the hospital by the patient. It seems the patient is claiming that the injection Laura gave
Unintentional torts arise when an act or omission triggers unintended injury or harm to another person. Negligence and malpractice fall under unintentional tort. Malpractice and negligence are very similar. Negligence is failure to do something that a reasonable person would do in similar circumstances, or doing something careless that a reasonable and prudent person would avoid doing (Burckhardt & Nathanial, 2013). Did Laura fail to do something that a practical person would do in related circumstances, or do something reckless that a reasonable and sensible person would escape doing? Malpractice is another issue related to negligence. Malpractice is the form of negligence, when a professional misbehavior, unreasonable lack of professional skill, or failure to adhere to the accepted standard of care causes injury to a patient or
Complications resulting from a properly given injection does not make Laura negligent. There is a statue of limitations in medical malpractice cases, this laws are different in every state. On average the statue of limitations in medical malpractice suites is two years. There is no way to prove after one year if the intramuscular injection caused the sciatic nerve pain. Laura followed the correct procedure to administer this order from the physician. There is a possibility that the physician that wrote the order, for not informing the patient of the possible side effects of this medication. Laura was practicing within her scope of practice. She followed the doctor order, and gave the injection in the appropriate spot. According the Food and Drug Administration When Visteral should be given by an intramuscular injection for the initiate dose and subsequent doses may be given orally (2014). Intramuscular injections should be administered in the Upper outer region of the buttock’s whenever