During an Intensive Care Unit hospitalization, a client undergoes an emergency surgery to repair an aneurysm
The nurses caring for the client postoperatively repeatedly report changes in vital signs, indicating deterioration, but the care provider does not evaluate the client for 3 hours. The client's brain herniates, and the client dies. The family files a lawsuit against the nurses, the care provider, and the hospital. Given that the physician and the nurses are employees of the hospital, who is at risk of being found guilty of negligence? Select all that apply.
1. The care provider on call at the time the nurses reported vital sign changes
2. The hospital, because of the employee/employer relationship
3. The nurses assigned to the client during the hospitalization
4. The administrators employed by the hospital
5. Only the nurse on duty at the time the client herniated
Answer: 1; 2; 3
Rationale:
• The care provider on call at the time the nurses reported vital sign changes: The care provider is most certainly at risk of being found guilty of negligence because she did not respond appropriately when apprised of a client's deteriorating status.
• The hospital because of the employee-employer relationship: As both the nurses and the care provider are employees of the hospital, if there is negligence, the hospital takes responsibility under the risk management regulations.
• The nurses assigned to the client during the hospitalization: Any nurse who cared for the client while hospitalized may be found guilty of negligence if no other care provider was contacted to attend to the client when the on-call provider was not present. If a nurse did not attempt to find a care provider to evaluate the client, a finding of negligence may be justified.
• The administrators employed by the hospital: The administrators of the hospital may be named in a lawsuit as a party, but as they had no direct care relationship with the client, there is little risk they would be found guilty of negligence.
• Only the nurse on duty at the time the client herniated: It is not only the nurse on duty when the client herniated but any nurse who cared for the client during the period of deterioration who may be found guilty of negligence.
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