MALPRACTICE AND NEGLIGENCE: Nurse struck off for failing to report child sexual abuse concerns in the UK.
MALPRACTICE AND NEGLIGENCE: Nurse struck off for failing to report child sexual abuse concerns in the UK.
A former NHS Forth Valley nurse who failed to report a mother's concerns that her young daughter was being sexually abused has been struck off.
Emily Whitelaw, a UK nurse has been struck off over the weekend in a tribunal for failure to report to the mother about her young daughter’s sexual abuse. It should be noted that this misconduct took place in 2015 and had to be brought up after an internal investigation was opened which later informed the NMC, said an NHS Forth Valley spokesman.
A tribunal said that her actions and omissions had the potential to place the child at "real risk of ongoing serious sexual abuse.
Whitelaw also failed to provide an "appropriate level of care" to the child by carrying out an "inadequate" number of home visits.
'Responsibility to report'
Whitelaw also admitted failing to adequately manage her health visitor caseload of patients.
The hearing was told that Whitelaw has subsequently retired and did not want to return to practice as a registered nurse.
The Nursing and Midwifery Council (NMC) fitness to practice committee concluded that the concerns over alleged sexual abuse should have been reported immediately "regardless of whether Miss Whitelaw thought this was true or false."
The committee noted: "It was her responsibility to report such matters so that they could be further investigated by the social services department and/or the police.
"In situations like this, Miss Whitelaw would also have been expected to promptly visit the child to ensure their safety, undertake a risk assessment and to contact the mother to discuss this issue but failed to do so."
What is Negligence/Malpractice?
Negligence is harm that results because a person didn’t act reasonably while malpractice is professional negligence. Negligence and malpractice are used interchangeably.
Specifically, nursing malpractice or negligence refers to a nurse failing to adequately complete his or her tasks, ultimately resulting in harm to the patient. Failing to properly monitor vital signs or administering the wrong medication can be life-altering errors, and sometimes even fatal.
The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) defines negligence as a "failure to use such care as a reasonably prudent and careful person would use under similar circumstances." JCAHO defines malpractice as "improper or unethical conduct or unreasonable lack of skill by a holder of a professional or official position; often applied to physicians, nurses, dentists, lawyers, and public officers to denote negligent or unskillful performance of duties when professional skills are obligatory.
Factors that contribute to malpractice cases against nurses.
Delegation. As a result of cost-containment efforts in hospitals, nurses are delegating more of their tasks to unlicensed assistive personnel. Delegation of some of these tasks may be considered negligence according to a given facility's standards of care or a state's nurse practice act.
Early discharge. Patients are being discharged from hospitals at earlier stages of recovery and with conditions requiring more acute and intensive nursing care. Nurses may be sued for not providing care or not making referrals appropriate to the patient's condition.
The nursing shortage and hospital downsizing have contributed to greater workloads for nurses, increasing the likelihood of error.
Increased autonomy and responsibility of hospital nurses in the exercise of advanced nursing skills have also brought about greater risk of error and liability.
Common Examples of Malpractice in Nursing
Failing to Properly Monitor
If a nurse fails to properly assess a patient’s condition, which directly results in further harm or injury, that nurse should be tried for medical malpractice. Instances where this can occur include:
? Missing a change in vital signs
? Not seeking the assistance of a doctor
? Failure to respond to a patient
Errors in Medication
Nurses are habitually tasked with administering various medications to patients. If a patient receives the wrong medication or the wrong dosage of the medication, the administering nurse could be held responsible for the consequences.
Another factor that comes into play when administering meds is allergies. It is typically the nurse’s responsibility to verify any allergies the patient may have, which could ultimately cause an allergic reaction when mixed with the prescribed drug.
Routine Procedure Errors
Nurses are expected and required to perform a variety of routine procedures, such as:
? Starting an IV
? Drawing Blood
? Taking a patient’s blood pressure
? Putting in catheters
Though these procedures are routine, it’s still imperative for a nurse to be aware of his or her actions, and act with the utmost care. If an error is made or a patient is harmed in the process, the nurse could be held responsible.
Documentation Mistakes
One of a nurse’s many responsibilities is to record accurate and precise documentation of the patient’s condition (i.e. vitals, medication, dosage, reactions, etc.). When done improperly, the patient can suffer severe consequences with the most extreme being death.
Mistakes a nurse can make when documenting a patient’s condition include:
? Inaccurately recording conditions
? Using incorrect verbiage or abbreviations
? Failing to update changes in progress
Failure to take action or make a report when required to do so: A common example is where the nurse fails to notify a doctor when a patient has fallen to the ground.
How to prevent malpractice
? Be Present to Your Patient; develop good relations with your patient
? Explain Consent and Health Information Exchange.
? Engage in Additional Continuing Education Training.
? Never Wait to Refer a Patient. ...
? Document, document, document [horizontal ellipsis] correctly
? Make sure you're aware of the facility's policies and practices
? Avoid Talking Shop on Social Media
? Measure Twice, Dispense Once.
FURTHER READINGS AND REFERENCES
· https://www.bbc.com/news/uk-scotland-tayside-central-50000565
· https://www.oshmanlaw.com/medical-malpractice/nursing-negligence/
· https://www.legalmatch.com/law-library/article/nursing-malpractice.html
· https://www.nursingcenter.com/journalarticle?article_id=423284
· https://minoritynurse.com/protecting-nurses-from-malpractice-7-things-you-need-to-know/
· https://www.nursingcenter.com/journalarticle?Article_ID=517833&Journal_ID=54016&Issue_ID=517824.