PEG Tube: Court Lets Family’s Case Go Forward.
Legal Eagle Eye Newsletter for the Nursing Profession
June 2015
During hospitalization following a stroke the elderly patient had a percutaneous endoscopic gastrostomic (PEG) tube surgically inserted through the abdominal wall into his stomach in order to provide nutrition.
From the hospital the patient was transferred to an extended care nursing facility. There while in an agitated state the patient pulled out his PEG tube. It was reinserted about eight hours later.
After the tube was reinserted by the LPN who was caring for him, gastric contents and nutritional material outside the stomach in the abdomen caused a massive infection which resulted in the patient’s death.
There has been no definitive ruling on the issue of nursing negligence as the cause of the patient’s death. Before getting to the ultimate issue the nursing facility’s lawyers launched a flanking attack directed at the qualifications of the family’s expert.
The Court of Appeals of Michigan ruled in the family’s favor that the family’s expert witness, an RN, is qualified to give an opinion as to the negligence of an LPN. Thus the case is not subject to dismissal for failure to file an expert’s report as required by law in Michigan as in most states.
The Court looked at the definitions of nursing practice in the state’s LPN and RN nurse practice acts and found them to be substantially similar.
The Court also pointed out that due to more extensive education and training, RNs are authorized by law to supervise LPNs. Jones v. Hospital, __ N.W. 2d __, 2015 WL 1541005 (Mich. App., April 7, 2015).
More references from nursinglaw.com
http://www.nursinglaw.com/percutaneous-endoscopy-gastrostomy-PEG-tube-nurses-advocte-patient.pdf
http://www.nursinglaw.com/feedtube.htm