Mrs. Howe, age 59, had a bilateral mastectomy with axillary node dissection and was discharged home 2 days later with drains in situ. Contrary to the nurses' predischarge teaching,
Mrs. Howe attempted to remove one of her drains independently once output ceased, resulting
in pain, tissue trauma, and bleeding. Mrs. Howe claims that her injuries were the result of negligence by the nurses on the unit. How would the court apply the principle of comparative
negligence in this case?
A) The court would determine what proportion of the patient's injuries was the result of her
own actions.
B) The court would compare Mrs. Howe's actions with those of a reasonable person.
C) The court would determine whether it was medically appropriate to discharge Mrs. Howe
with her drains still in situ.
D) The court would decide if the nurses on the postsurgical unit are legally obliged to teach
patients.
Ans: A
In the application of comparative negligence, the courts determine what percentage
of injury resulted from a patient's negligence and what part rested with the nurse, and reduce
the damage award accordingly. The court would also likely examine the patient's actions in light
of those of a reasonable person, but this is not a direct application of the concept of comparative
negligence. The court would not likely focus on the appropriateness of the patient's discharge
or the nurses' abilities to teach patients.
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