Transcript Slide 1

IV Medicine Administration
Legal and Professional
Issues
September 2009
Why expand roles?
• Clinical need
• Nurses CAN - The NMC supports this
growth in expertise
• Legislation supports this development
• Reduction in junior doctors working
hours
• Ultimately it will benefit the patient
Four Arenas of Accountability
To the public
To the patient
To the employer
To the profession
Code of Conduct
• New Code launched
1st May 2008
• Competency
• Consent
• Delegation
Competency
• Recognise & work within the limits of your
competence
• You must have the knowledge & skills for
safe & effective practice when working
without direct supervision
Consent
• All individuals capacity to consent is assumed unless
there is evidence to the contrary.
• No adult can validly give consent for another adult
unless legally authorised to do so - Adults with
Incapacity Act (2000)
• It is not necessary to document consent to routine and
low-risk procedures e.g. taking a blood sample.
• However, if the procedure is of particular concern to the
patient it would be helpful to do so.
Delegation
• You must establish that anyone you delegate
to is able to carry out your instructions
• You must confirm that the outcome of any
delegated task meets the required standards
• You must make sure that everyone you are
responsible for is supervised and supported
Case Study
• Patient A had a urinary catheter in situ which
was draining well, it was not felt that intake and
output required monitoring
• The task of washing Patient A was delegated to
HCSW who did this everyday for 4 days
• Patient A became very unwell - PTE
• Further investigation – distended abdomen 4 L
urine drained. Swollen bladder pressing on her
iliac arteries which caused DVT which lead to
PTE
• Patient A later died as a result of PTE
Law & Nursing
• 2 Types of Law:
– Criminal Law
(Public)
– Civil Law
(Patient)
Negligence – Elements
• For this action to be successful, 3
criteria must be established
– A duty of care is owed by the defendant to the
plaintiff
– There is a breach in the standard of the duty of
care owed
– This breach caused reasonably foreseeable
harm.
Misconduct
• 686,886 nurses on the register 2008
• Scotland 10% of register but account for
only 8% of complaints
• 1,487 complaints received 2008  8.4%
- Employer 53%
- Public 9%
- Police 29%
• Closed – 35% cases
• Referred to conduct & competence
committee - 441 (16%) cases
NMC
• Maladministration of medicines represent 9.9%
of all cases (3rd most common)
• Most common allegation is Dishonesty
• Other allegations include:
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Patient abuse
Neglect of basic care / Unsafe clinical practice
Failure to maintain adequate records
Colleague abuse
Failing to report incidents / act in an emergency
Example Case
• Failed to attach an additive label to
infusion of antibiotics
• Administered IV therapy to patient with
no evidence of competency in IV Drug
administration
• Hung bag of Vancomycin & failed to
connect infusion but signed to say it had
been given
• On the label of the bag of Vancomycin
recorded patients name as Mary no
other details
Example Case
• On 8 October 2004, administered a
Patient Controlled Analgesia infusion of
morphine to Patient A which had expired
• On 8 April 2005, administered
Vancomycin to Patient C by way of a
bolus injection when it should have
been administered as an intermittent
infusion
Conduct & Competency
Committee
Stages:
I. Are the facts alleged proved?
II. Is it misconduct?
III. What is known about the
practitioner’s previous history and in
mitigation?
Conduct & Competency
Committee Outcomes
482 cases heard
• Strike name off register (44%)
• Caution 1-5 yrs (19%)
• No action taken (7%)
• Conditions of practise >3yrs (1%)
• Suspend registration >1yr (6%)
Right patient?
• Patient A awakened at 6 am and given
RISEDRONATE 35mg intended for Patient B.
Should have been given ALENDRONATE 70mg
once weekly clearly prescribed on Kardex
Patient B given correct medication
• Wrong patient given OXYNORM as nurse
entered wrong room - patient did not have
wristband on but responded positively to patient
name.
Right rate?
• Patient given FRUSEMIDE over 2-5
hours instead of 6 hours as
prescribed. Pump set incorrectly
(10mls hourly instead of 4mls/hourly
.
as prescribed. One nurse only
checked pump
• 24hr 5FU infusion delivered at
500mls/hr - at least half bag given to
patient before noticed
Right drug?
• SHO prescribed via phone 10 international
units of ACTRAPID Insulin in 50mls of
50% dextrose over 1 hr but sister drew up
50 international units (showed same to
JHO who acknowledged as correct) and
infused into patient.
• GENTAMICIN 175mg IV prescribed and
given 20/1/06 - patient with significant
renal impairment Cr >500 on 21/1/06.
Policies and compatibilities?
• VELOSULIN SYRINGE out of date.
Protocol - change syringes every 24
hrs. Syringe in question dated 2l/6/06 today's date 26/06/06
• Patient allergic to penicillin - given
TAZOCIN IV in error which was meant
for another patient.
Where there is error, Let us
bring truth! ( St Francis)
• Critical incident and near miss reporting
– Learn from our mistakes
• System errors
– Spot procedures that could lead to error
Liability
Each NHS Acute Division
has two forms of liability in
Negligence:
• Direct liability, i.e. the
employer itself is at fault
• Vicarious liability or indirect
liability
The employer will usually
only support the employee if
they have practiced within
local policies and
procedures.