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Lecture notes Acute Care (SHN2004)

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Legal Aspect of IV Therapy

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Legal Aspects of IV Therapy


Drug Errors in IV Therapy

Introduction
 This session will not focus on specific drug errors but rather some of the ley issues
that may arise when undertaking IV therapy on patients

Errors in IV Therapy
 As a group consider errors in IV Therapy and how you may me be held accountable.
o Who are you accountable to if an error were to occur?
 Professional Bodies
 NMC/Ombudsman
 Health Board
 Employer – Contract Law
 Patient/Family
 Moral Accountability
 Court of Law
 Criminal and Civil
 Yourself – you need to deal with the fact that you have made an error
o Why?
 So there is accountability in the profession
 Patients/families can get resolution from what has occurred (whether
financial or just to see that the issue has been investigated
 Improvements can be made in how the nursing process is carried out
o What are the consequences of being held accountable for such errors?
 Loss of job
 Loss of confidence in your own ability
 Judgement from others
 Financial impact on the NHS
 Medications errors are the 2nd most common cause of claims in the NHS (after slips,
trips and falls)
o Excluding those errors that have resulted in injury/death to that of a child
 IV medications are at a higher risk due to their complexity
 Estimates suggest that medication errors have contributed to 12000 deaths per
annum in the NHS
 It is also estimated that errors may result in between £0.75 billion – 1.5 billion in
additional health expenditure

Legal Requirements
 Law requires that:
o Medicines are prescribed, dispensed and administered to a person safely
o Medicines are given to:

, Legal Aspects of IV Therapy


 The right person
 At the right time
 In the right form
 Using the correct dose
 Via the correct route

Where do the Five Rights go Wrong?
 Most common errors:
o Wrong dose/strength/frequency – 29%
o Omitted medicines – 17%
o Wrong Medicine – 12%
o Wrong patient – 5%
o Wrong formulation – 2.4%
o Wrong route – 2.1%
 Why might these errors occur?
o Understaffed
o Complicated calculations
o Not doublechecking
o Confusing incomplete drug chart
o Similar looking drugs (labelling)
o Distraction when giving medication
 How can these errors be rectified?

The standards of dispensing and administration
 These standard have been developed through the common law, or rules of law
developed from the decisions of judges in decided cases
 Two key principles of common law apply to the dispensing and administration of
medicines namely the persons right to self-determination and the practitioner’s duty
to apply due care

Wayne Jowett Case
 The following case shows how tragedy can strike when preparing and administering
IV drugs
 Read the investigation and the report which is located on canvas – also read the
other article on canvas where research was conducted on IV and the incidences and
causes of errors made.
 Medical labelling of drugs were very similar – whilst the use was on the labelling it
wasn’t particularly clear
 What happened:
o In 2001 in Nottingham Dr Morton, a Senior House Officer, carried out a
lumbar puncture and administered intrathecally (IT) (i.e. via the spine) the
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