Morphine: No Evidence Of Overdose Or Other Negligence.

Legal Eagle Eye Newsletter for the Nursing Profession

April 2016

  The child’s surgery took place in 2005.  His mother filed suit in 2011, voluntarily dismissed that case and refiled the lawsuit in 2013.   For the summary judgment hearing in 2015 every individual who was involved in the child’s care testified he or she had no recollection whatsoever of caring for this child.

  The only credible evidence one way or the other was the medical records generated in the operating room and the post-anesthesia care unit on the day in question April 18, 2005.

  The mother testified as to developmental problems experienced by her child after the surgery.  However, the medical records leave no doubt there was no negligence by the anesthesiologist who computed the morphine dose, the certified registered nurse anesthetist who gave the morphine in the operating room or the nurses in the post-anesthesia care unit (PACU).

  Narcan given in the PACU in no way implies that too much morphine was given in the operating room or that the PACU nurses negligently gave additional morphine to the child contrary to the physician’s order. COURT OF APPEALS OF OHIO March 14, 2016  

  A four year-old child was administered morphine during tonsillectomy and adenoidectomy surgery.  An anesthesiologist determined that 1.5 mg of morphine was appropriate for a child of his age and size and that dose was given either by the anesthesiologist or a certified registered nurse anesthetist who was involved in the case.

  The mother’s lawsuit later tried to claim that 15 mg was given, but the hospital pointed out the largest vial of morphine available at the hospital held only 10 mg. The wasting of the remaining 8.5 mg of morphine was not documented in the chart.  However, the wasting of the fentanyl that was ordered but not used was documented.

  The child’s pulse oximetry was documented at 99-100% O2 saturation while he was intubated throughout the procedure.  In the post-anesthesia care unit (PACU) the child was given 20 mcg of Narcan because he was still very sleepy after he was extubated.  A hospital pharmacist testified that that Narcan dose would have completely reversed a 15 mg dose of morphine even if that much morphine had in fact been given.  The anesthesiologist who was on call for the PACU who ordered the Narcan also wrote an order that morphine was to be discontinued.

  Based on that order in the chart the nurses who were on duty that afternoon in the PACU all testified they would have given no morphine to the patient. Drowsiness continued in the PACU after the Narcan was given.  The child was given albuterol breathing treatments, O2 was continued through a mask and a chest x-ray was taken.  A pediatric consult recommended transfer to the city’s children’s hospital, which was done later that night.

  The child regressed to needing diapers for a time and exhibited other developmental problems up until his case against the hospital was decided at age fourteen.  Nevertheless, the Court of Appeals of Ohio dismissed the case.  The only credible evidence for the Court to consider, the medical chart, disclosed no negligence in the operating room or in the hospital’s PACU. Heard v. Hospital, 2016 WL 1051631 (Ohio App., March 14, 2016).

More references from nursinglaw.com

http://www.nursinglaw.com/overdose.htm

 

http://www.nursinglaw.com/narcotics-overdose-hospital-procedures.htm

 

http://www.nursinglaw.com/overdose13.pdf

 

http://www.nursinglaw.com/overdose11.pdf

 

http://www.nursinglaw.com/morpine-overdose-negligence.pdf