Legal Eagle Eye Newsletter for the Nursing Profession(4)1 Oct 95    PDF Version

   Quick Summary: The upshot was the hospital was not held liable even though the nurses were negligent!  The physician’s negligence broke the legal chain of causation between the nurses’ negligence and the harm to the patient. Thus the hospital was not liable for the nurses’ actions.

   The evidence was that the nurses had done circulation checks only every three hours during the night in question, despite physician’s orders requiring hourly circulation checks. The standard of care for nursing practice in caring for this patient would have mandated hourly circulation checks. The nurses were negligent.

   However, the court determined that even if hourly circulation checks had been done, and the problem had been promptly reported to the physician, the physician would not have responded and done a fasciotomy in time to save the patient’s leg from amputation.  COURT OF APPEALS OF OHIO, 1995.

   A patient was admitted to the hospital with a leg injury from a fall. His leg was casted in the emergency room and he was admitted to the hospital. The next day he developed circulation problems with the foot of the casted leg. The cast was changed to relieve pressure. Over the next few days, further circulation problems were noted by the nursing staff and reported to the attending physician. The cast was modified on at least two more occasions to relieve pressure.

   Nevertheless, the patient’s circulation problems continued. At 2:00 am on the third hospital day the attending physician was notified that there was still a problem with the circulation in the foot of the casted leg. The physician arrived at the hospital at 5:00 am and determined that compartment syndrome had developed. The physician performed a fasciotomy at 5:30 am. However, the procedure was too late to save the patient’s leg from having to be amputated.

   The defense which the hospital raised in the lawsuit was that, even if it was assumed that the nurses’ failure to do hourly circulation checks and to report the patient’s continuing circulation problems to the physician on a timely basis was a departure from the accepted standard of care for competent nursing practice, the errors and omissions of the nurses were not the cause of the eventual harm to the patient.

   The court noted that a "reasonably prudent" physician, would have responded and done a fasciotomy within no more than two hours. However, according to the court, this particular physician would not necessarily responded in time. In fact, the court felt he should have done the fasciotomy a day earlier. Thus, even if the nurses had followed accepted standards of practice, the physician’s negligence, not the nurses’ negligence was the cause of harm to the patient. Dillon vs. Medical Center Hospital, 643 N.E. 2d 1375 (Ohio App., 1995).

Legal Eagle Eye Newsletter for the Nursing Profession Home Page

Legal Eagle Eye Newsletter for the Nursing Profession Home Page
Subscription Information
Free Sample Newsletter

Search Back Issues