Archive for the ‘Healthcare Risk Management’ Category

Death after being restrained by Pat Iyer

Wednesday, August 25th, 2010

alexis richieThe charge nurse found Alexis Evette Richie alone in a small room at SSM DePaul Health Center, motionless and sprawled facedown on a bean bag chair. Minutes earlier, the 16-year-old foster child had tried to hit, scratch and bite staff members in the adolescent psychiatric ward. Two aides grabbed her arms and took her down a hall and into a small room called the “quiet room.”

They held her facedown in the chair while a nurse injected a sedative into her hip. Alexis continued to struggle and then went limp. The nurse and the two aides left without checking her pulse or making sure she was breathing. Charge nurse Iris Blanks checked on her minutes later and didn’t think Alexis looked right. An aide helped Blanks roll the girl over. Alexis wasn’t breathing. Her pulse was faint. It was 12 minutes after she stopped moving before anyone tried to revive Alexis. By then it was too late.

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Dr. Wanda Mohr and I did a teleseminar on the topic of death in restraints. She talked about a colleague of hers who did a study of pediatric deaths from restraints. Just simply looking at lawsuits and newspaper articles, within that 10-year period he found that 45 deaths had occurred and those deaths were specifically limited to children. The youngest child who had died was 6-year-old. The most common mechanism of death is restraint asphyxia. A person essentially asphyxiates or chokes to death. Her oxygen is cut off and that, most commonly, occurs in a prone position. This is associated with individuals actually putting pressure on people’s back and their lower back and despite their pleas that they were unable to breathe, the staff would not let the person up.

For a death in another treatment center, read about a 17-year-old boy who was strangled while being restrained.

One child dying of being restrained is far too many. There are safe ways to help agitated or violent people get back under control. Any healthcare provider working in a setting where this type of behavior could occur should know how to protect the patient (as well as the healthcare workers) from injury.

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Nurse violates confidentiality on Facebook by Pat Iyer

Monday, August 9th, 2010

Oakwood Hospital Employee Fired for Facebook Posting

Cheryl James enjoyed her job at Oakwood Hospital, Michigan. She never imagined posting something on Facebook from her own computer on her own time would get her fired. “He died for us, protecting us,” said James. Like so many others, James was emotional following the shooting death of Taylor Police Corporal Matthew Edwards. She worked for the hospital organization that treated the police officer and the shooting suspect, Tyress Mathews.

One night, while at home, she posted on Facebook that she came face-to-face with a cop killer and hoped he rotted in hell. She also posted another remark we can’t repeat.

Tuesday, she got a call. Her bosses wanted to talk.

“They called me in, told me that they got notice and word that I had posted this specific post on Facebook, and that they had to investigate it,” James said.

She says she immediately removed the posting and thought she might get written up or suspended. Instead, she got fired.

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The nurse who posted her remarks offered enough information that readers were able to determine who she was talking about. This violated HIPAA, a federal statute that protects the confidentiality of medical information.

This nurse’s story is a good reminder that anything posted on social media sites can be easily desseminated, can hang around forever, and can come back to haunt a poster.

In the World War II era, the phrase was “loose lips sink ships”. Our parents and grandparents could not have foreseen that loose fingers could destroy a job.

What do you think? Have you seen comments on social media that make you cringe?

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When should nursing staff call a rapid response team? by Pat Iyer

Wednesday, August 4th, 2010

A sudden deterioration in a patient’s condition should stimulate activation of emergency efforts. The goal of a rapid response team (RRT) is to avert a cardiac arrest – to take action before the patient stops breathing. here are some generally accepted reasons to call a team of professionals to the bedside:

Staff worried about patient
Acute change in heart rate
Acute change in systolic blood pressure
Acute change in respiratory rate

a rapid response team could save your life

a rapid response team could save your life


Acute drop in O2 saturation
Acute change in mental status
Drop in urine output
New, repeated, or prolonged seizures
Fractional inspired oxygen of 50% or greater
Failure to respond to treatment for an acute problem/symptoms

The composition of RRTs varies from hospital to hospital. A team typically consists of 2-3 people who are assigned to flexible responsibilities within the facility. The team may consist of respiratory therapists, physician assistants, nurse practitioners, critical care nurses, intensivist (critical care doctors), hospitalists (physicians employed within a facility to provide inpatient care) or residents. The team’s role is to assess and stabilize the patient, assist with communication with the attending physician, educate and support the nursing staff and family, and assist with transfer to another level of care, if needed.

The rapid response team serves a vital role, but not all hospitals have them. Does yours? Consider this important patient safety feature when you pick a hospital.

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Failure to rescue by Pat Iyer

Monday, August 2nd, 2010

Failure to rescue is a big source of patient injury

Failure to rescue is a big source of patient injury

Imagine this scene: You are visiting your elderly father in the hospital when you notice his speech is becoming slurred and he is less awake than usual. Concerned, you call his nurse into the room. She assesses your father, then picks up the phone and requests an emergency response team. A team of professionals enter the room, assess and stabilize your father, and arrange for him to be transported to the ICU with a tentative diagnosis of rule out stroke. Your father’s attending physician is called as the team is completing its assessment. The critical care nurse on the team pulls the floor nurse aside to congratulate her on her astute assessment. The process from start to finish has taken 20 minutes.

Failure to rescue is a term that describes the outcome when a patient’s condition deteriorates before the changes are recognized and acted upon. Failure to rescue is a nursing-sensitive performance measure on the list of 15 identified by the National Quality Forum in 2004 to be collected by CMS (Centers for Medicare and Medicaid Services). A 2009 study performed by HealthGrades showed that patient safety incidents with the highest incidence rates were failure to rescue. There were 92.7 incidents (per 1,000 population). Starting June 1, 2010, CMS began collecting data about a facility’s failure to rescue rates.

The use of rapid response teams (RRTs) to provide timely rescue efforts in hospitals has gained momentum and popularity, although not all hospitals have them. The concept originated with a critical care nurse from New Zealand who recognized the need to bring resources to the bedside of a patient whose condition deteriorated before more serious events occurred. Without rapid response teams, nurses who recognize ominous changes in the status of their patients are forced to contact the attending physician and wait for a return call. Should an attending physician refuse to deal with or minimize the concerns of the nurse, the nurse has to use the chain of command within a facility – in effect, to go over the head of the attending physician with the assistance of nursing administration, to find a physician who will respond. This is a slow and difficult process.

RRTs have the capability of bypassing the attending physician to turn what can be a 2-3 hour long process into a 5-10 minute arrival to the patient’s bedside. The use of a team within a facility empowers the staff nurse, and provides a safety net for both the nurses and the patients. Implementation of RRTs has reduced cardiac arrests, deaths, the number of unexpected emergency admissions to ICU, and the length of a hospital admission for cardiac arrest survivors. RRTs build teamwork and spread knowledge and skills throughout the hospital. The goals of the team are to provide immediate detection and diagnosis, to treat patients early, and to mitigate harm by turning adverse events into “near misses”. The system is designed to protect the patient from further harm and to allow for recovery from possible medical errors and system deficiencies.

Is the RRT system working? A survey of 56 staff nurses identified the three categories of reasons for why the RRT was activated:

• The patient exhibited signs and symptoms that were either unexpected or significantly different from baseline.
• Despite the absence of objective data, the nurse had a “gut feeling” that “something was wrong.”
• The nurse was convinced that the patient needed immediate evaluation and was unable to get the treating physician to respond as the nurse thought necessary. This is what one nurse said:

“It’s during shift change so everybody’s calling and running and doing this and that, and we called the doctor and he said, ‘Well, she’s got a pulmonologist on the case, call them.’ He gave us nothing. No orders. No meds. No, no nothing. . . At that point we decided we’re not going to wait for anybody else, we’ll just call rapid response and get them down here.”

Consider this comment in comparison to the often slow process of obtaining medical attention when a facility does not have a RRT. In addition to the direct patient safety benefits of such teams, RRTs empowered nurses and gave them a sense of control over the patient situation, identified other processes negatively affecting patient safety, and improved communication and respect between disciplines, thereby raising job satisfaction.

Sources: Shapiro, S, Donaldson, N, and Scott, M. “Rapid response teams: seen through the eyes of the nurse”, AJN, June 2010, 110 (6), 28-34
www.healthgrades.com/media/dms/pdf/patientsafetyinamericanhospitalsstudy2009.pdf

Extracted from Patricia Iyer, Roots of Patient Injury, in Patricia Iyer, Barbara Levin, Kathleen Ashton and Victoria Powell, Nursing Malpractice, Fourth Edition, in press.

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Why don’t healthcare providers follow the rules? Part 2 by Pat Iyer

Monday, July 19th, 2010

Wrong site surgery is the most common medical error

Wrong site surgery is the most common sentinel event

Normalization of deviance occurs when a provider, such as a nurse, knowingly disregards a safety practice, like using two patient identifiers to verify patient identity. Repeated deviation from the safe practices tends to “normalize” the risky behavior in the nurse’s mind. In another example, The Joint Commission Medication Management Standard requires labeling of all medications. Yet a survey by the American Nurses Association indicated that only 37 percent of nurses surveyed reported they always label syringes and 28 percent never label syringes when administering medications.

Despite awareness and education, some providers choose to willfully disregard safety practices. Patient safety experts define a “no blame” culture as one that argues that most errors are committed by hardworking people; the traditional focus on identifying who is at fault is a distraction. A “just culture” differentiates between blameworthy and blameless acts. Two physicians, Wachter and Pronovost, acknowledge that there are areas of performance that pose a clear risk to patients, such as failure to practice hand hygiene, use a checklist to reduce blood stream infections, mark the surgical site to prevent wrong-site surgery, or perform a preoperative time out.

Nurses are implicated in some of these issues. They work for the organization, which typically has relatively clear lines of authority and procedures for dealing with failure to follow accepted practices. On the other hand, physicians have traditionally been independent entrepreneurs, not employees. They are subject to weak peer enforcement. Peers often recoil from disciplining each other and hospitals have been reluctant to punish physicians for fear of alienating them and losing the business they bring in. The tradition of lax enforcement of safety rules has led too many physicians to ignore them. Wachter and Pronovost argued for a clear definition of unacceptable behaviors, with the initial warnings and counseling. Continued failure to adhere to safety practices after the initial penalty would lead to suspension or loss of clinical privileges (for physicians and others subject to credentialing, such as advanced practice nurses) or firing.

Isn’t it about time we stopped dangerous practices?

More reading:
Beaulieu, L. and Freeman, M, “Nursing shortcuts can shortcut safety”, Nursing 2009, December 2009, 16-20
Wachter, R. and Pronovost, P., “Balancing ‘no blame’ with accountability in patient safety”, New England Journal of Medicine, October 1, 2009, 1401-1406.
Cohen, M. “Risky imposter”, Nursing 2008, May 2008, 20.

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Why don’t healthcare providers follow the rules? Part 1 by Pat Iyer

Wednesday, July 14th, 2010

Wrong site surgery is the most common medical error

Wrong site surgery is the most common medical error

I’ve been updating a chapter on the roots of patient injury for the fourth edition of Nursing Malpractice. I’ve been thinking about the reasons people don’t follow policies and procedures. Back in the 1980s when I ran a nursing hospital’s staff development department, I learned that if people did not have the knowledge, this was an educational problem and we were to educate. If they knew how to perform their jobs but chose not to, this was a management problem and their managers were to counsel and discipline. Now we think about this issue in expanded terms.

1. Safety standards are not monitored or enforced
People may not do their jobs correctly because there are no consequences if they don’t. Managers must be clear about the need to follow policies and procedures and the consequences of not doing so. Continual monitoring and education about the importance of patient safety sends an obvious message about the value of patient safety policies.

2. Lack of knowledge
Staff may be unaware of how to perform aspects of their job. They need training and competency checks. They may lack knowledge about how medical errors occur. Integration of patient safety information into the curriculum of schools of nursing helps to increase knowledge and skills.

3. Dysfunctional systems
Convoluted systems are sometimes created by providers or administrators who lack essential training in human factors and systems engineering, which may make it too hard to adhere to the practice. This invites workarounds because it becomes too difficult to follow the procedures.

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Pat Iyer’s 9 tips on detecting altered medical records Part 5

Monday, July 12th, 2010

writing prescription• Examine logs or communication books kept at the nursing station of some nursing homes. I found a note in a nursing home communication book that stated, “When you recopy the nurses’ notes, leave enough room for the night shift to describe the fall.” The case settled soon thereafter.
• Obtain billing records to determine if care was charged for but not documented. A record of an office visit may have been removed from the file, but the billing record verifies that the patient was seen.
• Sometimes there will be a dispute over when or how frequently a patient was treated and what diagnosis was made by the physician at that time. These disputes can often be resolved by requesting a copy of the medical insurance company’s records and comparing the billing records and diagnosis codes with the doctor’s records.
• Evaluate the hospital or nursing home’s staffing records to determine if the people who have documented in the medical record actually worked that day.
• Look for any documentation in the file indicating when the chart was copied and to whom it was supplied. Request copies of the chart from these entries and compare the two sets.
• Request a copy of the facility’s policy on documentation.
• Request the policy on incident reports.
• Request copies of physician office scheduling books to determine when the plaintiff was supposed to have been seen in the office.
• Request records of companies employed to act as answering services for physicians.

Modified from Roy Konray and Pat Iyer, “Tampering with medical Records, in Pat Iyer and Barbara Levin (Editors) Medical Legal Aspects of Medical Records, released in March 2010, for more tips.

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Pat Iyer’s 7 tips on detecting altered medical records part 4

Wednesday, July 7th, 2010

• Look for the “too good to be true” pattern of documentation. For example, the patient was steadily writing prescriptionlosing weight but supposedly consuming 100 percent of his 2000 calories per day diet.
• Note entries that are self-serving and needlessly explanatory of the events that occurred. 50
• The medical record examiner needs to look not only at the content of the records but also at the extraneous details of the whole record. Psychologists have long observed that people normally focus on the overall message without seeing the details. The astute record examiner needs to step back from looking at the overall content and, as a separate step in the review of the records, focus on extraneous details.
• Look at the bottom of a questionable form to see if the facility has a date of printing on the form. Compare the date of the form with the date of the entries.
• Determine the meaning of codes at the bottom of a form. For example, a progress note was supplied to an attorney in discovery by a physician being sued for medical malpractice. The preprinted form on which the doctor kept his notes contained a code (0595) and the manufacturer’s telephone number. A quick call to the stationery company that created the form revealed the code was actually the date the form was created. The physician was caught in a flagrant lie with no way to explain how an “original” progress note from 1994 could end up on paper manufactured in May of 1995.
• Always ask to examine the original records. Often, codes appear on the back side of a page. The examiner needs to review the original in order to determine what codes are applicable to both sides of the page. Also, if there is no written entry on the back side of the form, it is not normally copied or supplied in discovery even though it may contain preprinted codes. The person doing the copying normally views a page without handwritten or typed entries as a blank page and will not copy it.

Modified from Roy Konray and Pat Iyer, “Tampering with medical Records, in Pat Iyer and Barbara Levin (Editors) Medical Legal Aspects of Medical Records, released in March 2010, for more tips.

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Pat Iyer’s Dirty Dozen Tips for Detecting Altered Medical Records Part 3

Monday, July 5th, 2010

• Examine handwriting to see if there are obvious changes in the appearance of the writing within an writing prescriptionentry. Another thing to look for is a change in style. If notes are sloppily written and suddenly a page of neatly written notes appears from the same author, this may be a sign that the page has been rewritten at a later date.
• Look for red flag notes. Sometimes the individual will leave a note behind that states that a record has been changed. For example, a medical record included a page that contained a handwritten note that stated, “Phyllis, substitute this page for the evaluation completed 5/6/04.” The page was copied with the handwritten note on top of the clinical record.
• Be aware of a typed entry that follows handwritten entries, or vice versa.
• Look for discrepancies from the type of charting that is required by regulations and facility policy.
• Look for an excessive number of late entries, especially involving circumstances surrounding the act or injury in question. Examine the timing of the late entry. Sometimes the healthcare professional adds a late entry after learning of a problem. Review the chart to see if there were other intervening opportunities for the healthcare professional to add the late entry before the time of discovery of a problem.
• Look for words that are squeezed into an entry.
• A half sheet instead of a full page of a medical record may be found. Careless photocopying could have occurred, but it is also possible that the page was cut or folded over to hide information.
• When reviewing the original medical record, look for a photocopy of a page that has replaced an original.
• Look for obliteration of entries. Was correction fluid or heavy marker used to cross off entries?
• Review the original record to detect different color ink used within the same entry. This will not show up on a photocopy unless a heavy felt tip pen is used as one of the writing instruments. Even a slight change in the color of the ink suggests that two different pens were used to create the record (the implication being that one part of the record was added at a later date).
Compare the family’s photographs of the patient with the medical records. Are there pressure ulcers in the photographs that are not described in the medical records? Are the patient’s tongue and teeth green with mold, but the medical records document daily mouth care?
• If photographs of a pressure ulcer are available ask a clinician to compare the stage of pressure ulcer in the photographs with what is documented in the medical records.

Modified from Roy Konray and Pat Iyer, “Tampering with medical Records, in Pat Iyer and Barbara Levin (Editors) Medical Legal Aspects of Medical Records, released in March 2010, for more tips.

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Pat Iyer’s Dirty Dozen Tips for Detecting Altered Medical Records Part 2

Wednesday, June 23rd, 2010

writing prescription• Compare the nursery records generated at birth with those sent to the hospital to which the baby is transferred.
• Review the copies of hospital records found within a physician’s office records with those supplied by the hospital.
• In most hospitals, the mother’s labor and delivery record is normally copied and placed into the newborn’s chart. The copy from the mother’s chart must be closely compared with the copy from the newborn’s chart in order to see if there are any added additions to a set of records.
• Often, copies of a record are supplied to others in the ordinary course of treatment long before a problem or an attorney appears on the scene. The record examiner should not assume that the records supplied in discovery are identical to the ones supplied to others before a problem manifested itself. It is not unusual for a doctor referring a patient to a specialist to send a copy of the patient’s chart to the consulting doctor. Likewise, when a patient changes providers, a copy of the first doctor’s chart is sometimes sent to the subsequent treating doctor. These records need to be closely compared to see if there are any additions.
• Compare the letters and reports written by physicians when they are found in more than one set of records. Are the letters identical or does one set of records contain fewer or different reports?
• Compare the set of records obtained by the plaintiff prior to litigation with the set provided after the plaintiff’s attorney requested the records.
• Compare the set of records obtained early in litigation with those obtained shortly before resolution of a claim.
• Compare a set of records supplied to the plaintiff with those supplied to a regulatory agency.
• Observe for new entries added to later copies of the record, or pages that are missing from the first set of records. Look for additional pages that were not supplied with the first request for records.
• Look for a stamp or mark (usually on a face sheet) that indicates that the chart was kept under the control of the Risk Management Department or the Health Information Management Director’s office. This indicates that restricted access to the chart was in place. This has likely occurred because of an unexpected outcome or a suspicion of wrong doing.
• Note descriptions of the patient that may reveal antagonism between the patient and staff. A bad clinical outcome may lead to the temptation to alter records.
• Note finger pointing or blaming of other staff members or professionals after an incident occurred.

Modified from Roy Konray and Pat Iyer, “Tampering with medical Records, in Pat Iyer and Barbara Levin (Editors) Medical Legal Aspects of Medical Records, released in March 2010, for more tips at www.medleague.com.

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