Nursing Negligence: Even If Its Not Your Fault, It Will Be Your Problem – Brenda Elliff

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Jessica attended a nursing program with stellar faculty and great internships. She had always heard, “if you don’t document, you will get in trouble”. No one could explain what that meant. During her orientation as a new graduate, her preceptor taught her how to document the unit requirements and reassured her that writing much more was a waste of time. Jessica never questioned otherwise. At this time in her career, Jessica was thinking… “I don’t worry much about charting; the computer takes care of that. As long as I chart what my unit audits for, I can sleep soundly.”

2 years later… Jessica sat down quietly at the deposition table, her head hung low and she hadn’t slept in months. They asked her to say and spell her name for the court reporter and she was sworn in. “Do you promise to tell the truth, the whole truth and nothing but the truth?” 

If this could happen to Jessica, it could happen to you. But how did this happen? How did what Jessica charted turn into a deposition proceeding? How does this happen to any good nurse? 

Healthcare today is rife with litigation against nurses. There is more accountability, reliability, autonomy, and liability. The rate of nurses becoming part of lawsuits is steadily on the rise. Watch Brenda Eliff, for this interesting and intriguing look into nursing documentation. This intense recording will immerse you into the world of nursing from a litigious viewpoint. 

Don’t end up like Jessica. Learn how to protect yourself, so you can sleep soundly tonight.

1. Plan to use factual tactics to stay out of court.
2. Assess time stamping in your charting for contemporaneous patient accounts.
3. Explain deposition behaviors that favor your credibility.
4. Summarize hazards of inconsistent use of drop down boxes.
5. Distinguish between defense counsel that is for or against you.
6. Formulate habits that keep your license safe.
7. Analyze the chart specific to your specialty.
8. Contrast between poor and exceptional quality charting.
9. Summarize common charting mistakes and how to avoid them.

• Time Stamping – It’s a Crucial Variable
  • Lawyers’ secret weapon
  • What you don’t realize
  • Being ahead of the team
  • The sneaky truth about timing in litigation
• Depositions
  • Being called to testify
  • You could be next, seriously
  • Silently waiting your turn
  • Preparing for the worst
  • The alarming facts about nursing and litigation
• Technology in the Nurses’ World
  • The medical record is just a machine
  • Charting by exception – a meaningless phrase
  • Minimalist charting could spell t-r-o-u-b-l-e
  • Knowing your gadgets or asking for help
• Drop Down Boxes: Avoid the Risks
  • You could lose credibility
  • Choosing your options carefully
  • When your options are absent
  • What the lawyers interpret from mishaps
• Nursing Limits, Expectations & Responsibilities
  • Your license is your shingle
  • Copying/Pasting… it’s a mistake
  • Finding the rules and regulations to guide you
  • Standing your ground, knowing your limits
• The Crime Scene
  • The body speaks for itself
  • The silent witnesses
  • Others are also telling the story
  • The circumstantial evidence
  • Elements of a lawsuit
• Your Worst Fears
  • Case studies
  • Actual depositions
  • Role of the plaintiff
  • Avoid becoming the defendant