Treatment FAQ

how can you prove a nurse didn't do a treatment, but signed off as if she did

by Violet Heller Published 2 years ago Updated 2 years ago
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What happens if a nurse falsifies information about themselves?

In most states, disciplinary actions include a reprimand, censure, probation, suspension or revocation of the nurse’s license. “When anyone falsifies information about themselves, it is a serious matter, as it is obviously misleading, deceptive and reflects on your trustworthiness. But it is extremely serious when a nurse does this.”

What did the nurse say to Doe's sister-in-law?

While Doe was waiting for his treatment, the nurse texted her sister-in-law and told her Doe was being treated for the STD. The manner in which she texted this information led the sister-in-law to believe the staff was making fun of his diagnosis and treatment.  The sister-in-law immediately forwarded the messages to Doe.

What happens if a nurse fails to provide care?

Should the nurse fail to provide care that's within the recognized standard of care (failed to give a dose of an antibiotic) but the patient experiences an injury unrelated to the nurse's failure (patient tries to stand despite being instructed to stay in bed and falls, fracturing a hip), this element wouldn't be proven.

What happens if a nurse falsifies dates of visits?

If there is no memory of the visits, no date would have been accurate, and the issue of falsification is raised as the real culprit. “Falsification by nurses is not only unethical, it shatters legal parameters. Initially, criminal charges on the state or federal level may be brought against the nurse.”

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What is considered false documentation in nursing?

The documentation is not contemporaneous with your nursing assessment, patient care, and patient outcomes. In other words, if it's not documented when it happened, maybe it didn't happen that way. Untimely documentation is considered false, untrue, misleading, and deceitful.

What happens when a nurse lies?

In most states, disciplinary actions include a reprimand, censure, probation, suspension or revocation of the nurse's license. “When anyone falsifies information about themselves, it is a serious matter, as it is obviously misleading, deceptive and reflects on your trustworthiness.

How do you prove misdiagnosis?

The three elements to proving a medical misdiagnosisYour healthcare provider's duty of care towards you was breached.You suffered pain, injury, loss or damage following your misdiagnosis.Your misdiagnosis was the direct cause of the harm you suffered.

What is negligence in nursing?

Negligence is defined as doing something or failing to do something that a prudent, careful, and reasonable nurse would do or not do in the same situation. 2. It is the failure to meet accepted standards of nursing competence and nursing scope of practice.

What is the biggest lie in nursing?

The lie is that being a good nurse is just your clinical or just your experience. My argument is that in order to be a good nurse, you have to be solid clinically, you have to have some level of experience- even if it's a novice level of experience- and you got to show up on time and you got to come to work.

What are some white lies?

60 White Lies We Tell Every Day"My phone died." Shutterstock. ... "Of course I remember you!" Shutterstock. ... "That was my idea." Shutterstock. ... "Oh, yeah, that makes sense." Shutterstock. ... "I'm five minutes away." ... "Traffic was horrible." ... "I can have it done by tomorrow." ... "Your new haircut looks amazing."More items...•

What is considered a misdiagnosis?

What Is Misdiagnosis? A misdiagnosis of your injury or sickness means the doctor guessed wrong or misread your test results. Their wrong diagnosis might: Make your medical condition worse (for example, not treating you correctly, and then you have a heart attack)

What to do if you think you have been misdiagnosed?

What to do if you believe you have been misdiagnosed. If you believe you have been misdiagnosed for a mental illness, it's important to first talk to a mental health professional about your concerns. From here, you can ask for a second opinion if you're not sure about the treatment or diagnosis suggested to you.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What do nurses get sued for the most?

Home care includes home health, hospice, and palliative care, and is the most frequently sued nursing specialty (36.1%).

What are the most common acts of negligence by a nurse?

What Are the Most Common Examples of Nursing Malpractice?Failing to properly monitor a patient and missing a change in their vital signs.Failing to respond to a patient in a timely manner.Failing to call a physician for assistance, when needed.Failing to update a patient's chart with any changes in his or her progress.More items...•

What is the most common example of negligence?

5 Common Examples of Medical Negligence CasesIncorrect Medication. Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. ... Prenatal Care and Childbirth Negligence. ... Surgery Mistakes. ... Anesthesia Administration.

What are the disciplinary actions of a nurse?

In most states, disciplinary actions include a reprimand, censure, probation, suspension or revocation of the nurse’s license. “When anyone falsifies information about themselves, it is a serious matter, as it is obviously misleading, deceptive and reflects on your trustworthiness. But it is extremely serious when a nurse does this.”.

Does a nurse have a BSN?

Moreover, according to the reader, the nurse’s immediate supervisor knows the nurse does not have a BSN, but has not required her to correct the fabrication. The reader was concerned about where to go with this information. The nurse certainly could try to report her concerns to the CNO, who should appropriately intervene in the situation.

Is it a serious matter to falsify information?

When anyone falsifies information about themselves, it is a serious matter, as it is obviously misleading, deceptive and reflects on your trustworthiness. But it is extremely serious when a nurse does this.

Is it unethical to falsify a nurse?

“Falsification by nurses is not only unethical, it shatters legal parameters. Initially, criminal charges on the state or federal level may be brought against the nurse.”. Other examples of nurse falsification ...

Why is a nurse upset by a request to disclose psychiatric care history?

An RN submitted a question about needing to apply for a license in another state because, as a case manager, her employer requires all RNs to have licenses in the states in which they provide case management.

Why is it important to apply for nurse licensure?

Because integrity and honesty are essential qualities of a nurse, it is vital that your application for licensure be truthful and complete. Providing all requested information is critical so that your situation can be evaluated with the attention it needs, and the right decision about licensure can be made.

Can a treatment facility share information?

As a result, a treatment facility, for example, cannot share any information about your treatment, such as its outcome or if you are still under treatment, unless you give that facility consent to share that information.

Is a person's psychiatric history confidential?

First and foremost, it is important to point out that, generally, a person’s psychiatric history is confidential. States and the federal government assure this with legislative statutes, such as mental health confidentiality laws and through HIPAA provisions. As a result, a treatment facility, for example, cannot share any information about your ...

Can you have multiple people working with a patient prior to a procedure?

Honestly, there is no reason with the multiple people working with a patient prior to a procedure that a patient actually reaches the point of starting a procedure without a consent. We had a nurse take a patient to the OR without a surgical consent or an anesthesia consent.

Do you sign surgical consent?

The patient does NOT sign surgical consent until the surgeon has explained the risks and benefits and you are only signing as a witness to their signatures. You must ensure patient understands consent as well. The second consent is for anesthesia and the same rules apply.

Why do nurses stay after their shift?

More and more nurses feel staying after their shift to get caught up on patient documentation is a necessity, not a choice.

Is untimely documentation a fraud?

Untimely documentation is considered false, untrue, misleading, and deceitful. Untimely documentation may also be considered fraud.

Can you falsify your nursing license in Minnesota?

It is imperative that as a nurse licensee, you never falsify nursing documentation, or any document, in relation to your nursing practice.

What to do if a patient refuses treatment?

You're always interfering with visitor time.". If the patient refuses prescribed treatment, document the refusal, including the patient's stated reason, if provided, and your actions, such as patient teaching and notifying the healthcare provider.

How to avoid bias in a patient's statement?

To avoid bias when documenting a patient's statements, document the patient's exact words using quotation marks. Never use labels to describe a patient or a patient's behavior.

What is a good practice for documentation?

A good practice is to stay current with all policies that affect documentation of patient care to ensure that the documentation reflects the care provided. Document adverse events properly. Everyone's goal is to provide safe patient care without incident, but adverse events still occur.

What is a duty to the patient?

A duty to the patient existed. Duty is established when you accept care of a patient under your scope of practice, licensure, and employment. It requires you to provide the standard of care that a reasonably prudent nurse would provide for a similar patient in a similar circumstance.

Why should an EMR be adopted?

Adoption of an EMR should help eliminate gaps in the medical record because you're prompted to document what's considered standard for your facility. However, when the EMR isn't available (or in situations where an EMR hasn't been adopted), you'll have to revert to written documentation.

What is professional negligence?

Professional negligence is failure to provide the standard of care to a patient, resulting in an injury or damage to the patient. The person filing a negligence lawsuit (the plaintiff) must prove these four elements in order to prevail.

How long did Mrs R stay in the hospital?

After 1 1 / 2 hours, Mrs. R was discharged home with complaints of continuing headaches. About 2 hours after discharge, she called the hospital and spoke with a different nurse, telling the nurse that her headache wasn't getting better and she had a lot of pain.

What happens if a doctor doesn't give consent?

If a doctor fails to obtain informed consent for non-emergency treatment, he or she may be charged with a civil offense like gross negligence and/or a criminal offense such as battery or gross negligence which is the unauthorized touching of the plaintiff's person. In a civil suit, the patient would have to show two elements. Medical treatment could be unauthorized because the doctor didn’t fully explain either the procedure or the risks associated with the procedure. First, the patient must show that the doctor performed the treatment or procedure without her informed consent. Second, the patient has to show that had she known about the risks of the procedure, she would’ve decided not to have it done and, therefore, avoided the injury.

Why is medical treatment unauthorized?

Medical treatment could be unauthorized because the doctor didn’t fully explain either the procedure or the risks associated with the procedure. First, the patient must show that the doctor performed the treatment or procedure without her informed consent.

What is the first step in a patient's medical history?

First, the patient must show that the doctor performed the treatment or procedure without her informed consent. Second, the patient has to show that had she known about the risks of the procedure, she would’ve decided not to have it done and, therefore, avoided the injury.

What is informed consent?

Informed Consent. Virtually all states have recognized, either by legislation or by common law, the right to receive information about one's medical condition, treatment choices, risks associated with the treatments, and prognosis.

Is informed consent legal?

The informed consent process isn’t only an ethical obligation for doctors -- it is also a legal one. State laws often take a patient-centered approach.

Can a minor give consent to medical treatment?

Minors, unlike adults, are generally presumed to be incompetent. Therefore, they are unable to give consent to medical treatment and procedures. In these cases, the parent or guardian of the child must give consent on the minor’s behalf.

Is a patient considered competent?

In order to give his or her informed consent, a patient must be competent. Generally, adults are presumed to be competent. However, this presumption can be challenged in cases of mental illness or other impairments. Minors, unlike adults, are generally presumed to be incompetent.

What did the nurse tell Doe about the STD?

While Doe was waiting for his treatment, the nurse texted her sister-in-law and told her Doe was being treated for the STD. The manner in which she texted this information led the sister-in-law to believe the staff was making fun of his diagnosis and treatment. The sister-in-law immediately forwarded the messages to Doe.

What did the letter to Doe from the President and CEO of the facility informing him of?

A letter was sent to Doe from the president and CEO of the facility informing Doe that an unauthorized disclosure of his confidential health information did occur, appropriate disciplinary action had been taken and steps put into place to prevent such a breach from happening in the future.

What is the importance of patient confidentiality?

What this case underscores about patient confidentiality is that there can be liability for a facility for its own duties to protect a patient’s medical information.

Is a medical facility responsible for safekeeping patient information?

The court opined that a medical facility’s duty of safekeeping a patient’s confidential medical information is “limited to those risks that are reasonably foreseeable and to actions within the scope of employment.”. Because the nurse’s misconduct did not meet these requirements, the facility cannot be held liable in this case or any other case in ...

Did Doe sue the nurse?

Apparently Doe did not name the nurse in his lawsuit but elected to sue only the facilities that either owned or provided staff and other support to the facility. Perhaps Doe thought this was how he could obtain the largest amount of a monetary award. If so, the decision was unwise at best.

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