D E C E M B E R 2 0 1 9 • O U T PA T I E N T S U R G E R Y. N E T • 2 1
F
irst the bad
news: There's
no way to elim-
inate the risk of a law-
suit. As long as you are
practicing, the risk
exists. The good news:
You can manage risk
and limit liability. We're
going to show you how
to do just that by
touching on the 2
major areas in which
surgical professionals most frequently get sued: negligence and battery.
Let's look at the requirements for proving you committed either of these
offenses and how you can minimize your exposure to legal trouble in
the first place.
Is this negligence?
You flash-sterilize an instrument during a case. It's still hot when you
hand it to the surgeon, who uses it and gives the patient third-degree
burns. Would you be liable for negligence or did you meet the stan-
dard of care?
Negligence is a failure to use reasonable care, resulting in damage
or injury to the patient. It hinges on the expectation that healthcare
professionals will meet a certain standard of care, which isn't as lofty
as you might think. You simply need to show you acted reasonably, in
In the OR, You're Most Likely to Be Sued for ...
Surgical pros must most often defend negligence and battery lawsuits.
Medical Malpractice
William Duffy, RN, MJ, MSN, CNOR, FAAN
• TOO HOT TO HANDLE Can handing a surgeon a just-flashed instrument consti-
tute negligence, which legally is the failure to use reasonable care? You'd need to
show you acted as other providers would in a similar situation.
