Answers by Dorothyanne
Barry, JD, RN
October 3, 2001
I work
in an outpatient department. We had a patient come in who needed chemotherapy.
I have been working in the department for several years and have never
seen it given in the outpatient department.
My supervisor wanted
one of our nurses to give it, but nobody had ever given any type of chemotherapy.
We refused, so they finally found a nurse on the floor to give it.
My concerns are that
our department is not really set up for this and we really need training
in this. They are supposed to set up an inservice for us soon because
this patient will be coming in monthly for this medication.
My question is, will
one inservice be enough training to give the chemotherapy and is it legal?
~L.D.
You were right
to refuse to perform a procedure you know nothing about and your facility
is responding correctly if it provides you with the education, equipment
and environment needed to perform the procedure correctly the next time
the patient comes in.
It is "legal"
to perform the procedure if your facility policy/procedure manual says
that a person with your credentials is expected to perform that procedure.
Whether one inservice is enough depends upon the presentation and your
grasp of the material.
If you do
not feel comfortable performing the procedure after the inservice, it
is your duty to notify your educator and/or supervisor.
At that
point, you should take some initiative. Ask to observe the administration
of chemo on the oncology unit if possible. Surf the Net for the many helpful
nursing Web sites. Good nursing today requires nurses to continually learn
about and adjust to new technology and new ideas.
Violent patients
Is it a waste of time to prosecute a suicidal psych patient for intentionally
striking an emergency room nurse? Is it, as the police say, a waste of
time because the court will throw it out because the person is a psych
patient?
~J.P.
No person acquires
the right to assault hospital personnel by virtue of their status as a
patient, even a psych patient. Prosecutors however, generally have discretion
as to whether they will prosecute a given case and not all jurisdictions
are alike in the types and numbers of cases prosecuted.
Having said
that, I firmly believe that as long as nurses think that filing and following
up on police reports is a waste of time, no message will be sent to the
local constituents that this abuse is occurring at their neighborhood
hospital. It is time for this message to get out there.
For those
of you not in the know, a Florida nurse was brutally beaten to death April
10 by a psychiatric patient. For further information on this story and
other workplace violence, see www.nurseadvocate.org.
Nurse liability
I work registry throughout Southern California. At present, I am contracted
at a small community hospital. A case manager and I were wondering about
a case in which a 23-year-old male was found down at home and paramedics
brought him to this facility. He suffered an anoxic event and ended up
in the ICU, on and off of a ventilator. There was definite brain injury
and it was felt that a neurologist should have at least evaluated the
case. Without a specialist to manage the neuro part of this complicated
case, the patient remained at this small hospital for two weeks.
To just watch the
posturing really bothered me; an EEG was never done and it was felt that
he was greatly mismanaged. The primary physician said that he was too
unstable for transfer. The patient eventually was transferred to a county
facility, on a ventilator.
My question is, what
liability falls on the RN caring for this patient? The family will probably
seek legal counsel. In the end, an anoxic event is just that-permanent.
A delay in having a neurologist on the case, even under these circumstances,
is unacceptable. How can a facility open its ER to the community, knowing
that it is not equipped to handle crises?
~A.F.
Unfortunately,
this situation exists all across rural America, but the trend is toward
hospital systems that do include at least one tertiary care facility accessible
via air transport. As long as you perform your nursing care up to standards
and notify the attending physician of any changes in patient condition,
just as you would at any other hospital, you should not incur any liability
with regard to your care of the patient. Develop a rapport with the family
and be open and honest when answering questions. Resist the urge to come
right out and tell them to have their loved one transferred to another
physician and/or facility. Theoretically, a nurse could be sued by a physician
under the legal theory of tortious interference with contract if the nurseactions
result in termination of the physician-patient relationship.