A patient, injured at work, was seen by the factory occupational nurse. The nurse treated the wound and instructed the patient to get a tetanus antitoxin injection at the county health department

Question

The patient failed to follow instructions, developed tetanus, and subsequently filed a suit against the nurse. What is the most likely result of the ensuing trial? 1. The nurse is not liable for damages, because the nurse has a right to expect that instructions will be followed.
2. The nurse is liable, because there was no follow-up to ensure that the patient received the injection.
3. The nurse is not liable, because tetanus is a reportable disease and the health department should have insisted the patient take the injection.
4. The nurse is liable, because tetanus is easily treatable after diagnosis.

Answer 1

1
Rationale: The court recognizes that the patient's own negligence could contribute to adverse outcomes, as in this case. The patient has a right to refuse or follow advice or instructions, but must bear the results of that decision. When this occurs, the legal system applies the concept of contributory or comparative negligence. While follow-up is common, the patient still retains the right to follow or not follow instructions. Unless the disease is one that is a danger to the general public if not treated, the patient can refuse treatment at the health department as well. Tetanus is not easily treatable, but the ease of treatment is not a factor in this case.