Region: Mideast
Profession: Nurse Practitioner (NP)
Overview:
A nurse practitioner faced allegations after a hospitalized patient suffered respiratory arrest. Despite serious accusations regarding opioid prescribing and monitoring, the case was dismissed once it became clear that the NP’s orders had not been followed by the nursing staff.
What Happened:
The NP evaluated a patient in the observation unit for abdominal pain. After reviewing labs and the patient’s condition with the attending physician, she ordered pain relief (Dilaudid) and continuous monitoring, including a pulse oximeter and regular vitals.
The patient was transferred to a general floor, but nursing staff failed to implement the NP’s full set of orders. Hours later, the patient experienced cardiac arrest, resulting in lasting injury and a need for 24-hour care.
The lawsuit alleged inappropriate opioid use, failure to monitor, and inadequate response to warning signs. However, chart reviews and testimony confirmed the NP had issued proper instructions — they were simply not executed.
Key Legal & Clinical Issues:
- Inappropriate opioid administration
- Inadequate monitoring and failure to escalate care
- Miscommunication between provider and floor staff
- Clarity of handoff documentation and accountability
Outcome:
Expert review determined the opioid dosage was appropriate, particularly given the patient’s obesity. More importantly, the evidence showed the NP’s orders were not followed and she was not the cause of the event. The plaintiff attorney agreed to dismiss the NP and pursued the case against other providers.
Risk Management Takeaways:
- Always document handoffs and patient care instructions clearly
- Follow up on high-risk orders to confirm they are carried out
- Reiterate monitoring instructions when transferring patients between units
Estimated Savings:
Had the case proceeded, it could have resulted in a claim of over $1 million in damages due to the patient’s long-term care needs. The NP’s early dismissal avoided these costs entirely.
Why Malpractice Coverage Matters:
CM&F clients are backed by MedPro Group — the nation’s strongest malpractice insurer.
- 90% National Trial Win Rate
- 80% of Claims Closed Without Payment
- Defense costs covered, even in dismissed or frivolous claims
Disclaimer:
Nothing contained in this article is intended as legal advice. Facts and details have been altered to protect privacy. For legal or medical guidance, consult your attorney or healthcare advisor.
