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Unraveling the Mystery of 
Nursing Documentation 
Wanda Sanchez, MSN, RN, MBA, ANP-BC 
Evangelina Ramirez MSN, RN, CCRN 
Clinical Nurse Educator
Documentation 
Or….You want this chart to be your friend
Documentation 
• Bad documentation can make good nursing 
look bad and can make bad nursing look even 
worse. 
• Five years from now, you probably won’t 
remember the patient you had yesterday. All 
you will be able to depend on is your notes.
• If that statement makes you feel better then 
you are probably doing a decent job of 
documenting. 
• If that statement gives you the willies, then we 
need to re-visit your documentation skills
Objectives 
• Determine the legal responsibility and 
accountability of the nurse in documentation. 
• Support quality of care through documentation. 
• Reduce risk in documentation 
• Validation through documentation 
• Comparison of paper documentation versus 
electronic documentation 
• How to use the nursing process in documentation 
• Use of actual case studies to clarify appropriate 
documentation.
Significance 
• Legal Proof of the nature and quality of care 
• May be the focus of inquiry in injury, malpractice or 
liability claims 
• Complete records will defend you against 
allegations of negligence, improper treatment or 
omissions in care
What if you see the following charted? 
“The patient was LTBB.” 
What do you think that MEANS????
LTBB is not an approved 
abbreviation: 
DO YOU KNOW WHAT IT MEANS?
LTBB means: 
LUCKY TO BE BREATHING!
WE ARE ALL PROBABLY LUCKY 
TO BE BREATHING (LTBB) 
But we would never chart this (Hopefully) 
Has it happened? 
Yes it has happened and then it was a mystery to 
unravel what LTBB actually meant. 
Would you as a nurse want to explain in court to a 
jury that you charted LTBB and then have to tell a 
jury/judge what LTBB means?
Significance 
Failure to document implies failure to 
provide care
Documentation Provides 
• Written evidence of interactions, treatments, 
procedures and patient’s response to them 
• Communication with other health care 
providers
• Nursing documentation is an important part 
of clinical documentation and is a 
fundamental nursing responsibility with 
professional, legal and financial 
ramifications.
Objectives in Documentation in Nursing 
Practice 
• To show evidence of provision of quality health 
care 
• Advancement of efficient and effective health 
services programs 
• Creation of a legal record of nursing 
services/treatments/communications provided 
to patients.
How Medical Records are Viewed 
• There is a presumption that a medical record is 
accurate if no evidence of fraud or tampering is 
noted. 
• Medical records that are intact, sequential, and 
organized supports a presumption of “quality 
care.”
Legal Pitfalls of Improper Documentation 
• Faulty record keeping practices; 
• Absence of information; 
• Charting after the fact; 
• Missing records, time gaps; 
• Vague Entries; 
• Late Entries; 
• Improper corrections;
Legal 
• Unauthorized entries; 
• Use of unauthorized medical abbreviations; 
• Documenting personal opinions; 
• Writing is illegible 
• Hospital loses money due to improper and/or failure 
to correctly input proper diagnostic codes.
How to Avoid the Legal Pitfalls of Documentation 
– Number, Date and Sign all entries; 
– Write legibly; 
– Use generally accepted standard medical 
abbreviations; 
– Document immediately or soon thereafter when 
caring for your patients; 
– Document what you see, hear, feel and smell; 
– Avoid innuendo;
How to Avoid the Legal Pitfalls of 
Documentation 
– Avoid use of liquid paper or correction tape; 
– Avoid use of pencil; 
– Do not chart for others; 
– Enter appropriate codes; 
– Follow proper policies and procedures for 
documentation
How to Avoid the Legal Pitfalls of 
Documentation (cont) 
– Make corrections following appropriate guidelines; 
– Avoid tampering with records; 
– Follow hospital policies for handling verbal orders, 
telephone orders, etc. 
– Do not leave blank spaces for others to later add 
entries; 
– After charting, avoid divulging confidential 
information to “others.”
How to Avoid the Legal Pitfalls of 
Documentation (cont) 
• Use appropriate punctuation and grammar. 
• Double check patient information; 
• If computerized charting is utilized in your 
institutions, take measures to safeguard your 
personal code. 
• Maintain patient privacy 
• Avoid derogatory comments on charting 
systems.
GENERAL TIPS FOR AVOIDING 
LIABILITY 
• Maintain prudent documentation and healthcare 
practices 
• Be familiar with policies and procedures re: 
charting and documentation of your health care 
facility 
• Establish a good rapport with your patients 
• Write legibly 
• Document factual information 
• Write proficiently, use proper grammar and 
punctuation.
Assessments 
• Full shift assessments should be done at the 
beginning of the shift and after a fall 
• Focused assessments should be done as per 
your unit protocol every 4 hours in critical care
Narrative charting 
• Your first note should be fairly extensive and 
should “paint a picture” of what the patient 
status is, your view of their initial assessment, 
any outstanding or unresolved problems
First note 
This is where you document your lines, drips, rhythms, 
pressures, etc. i.e. 
54 year old male in with diagnosis pancreatitis under service Dr. 
Feelgood. Admitted to hospital and this unit on 12/1/08. 
Patient awake, responsive, moves all extremities purposefully. 
Complains of abdominal pain and vomiting. Skin color icteric 
warm dry. IV’s as follows: 
Left subclavian triple lumen 
NS at 120 
Dopamine infusion at 7 mcg/kg/min 
CVP Pressure readings done on 3rd port
Continued 
NGT in place, verified though auscultation of air bubble and 
return of gastric contents. Connected to Low 
continuous suction draining small amounts green 
drainage. Foley catheter patent draining clear yellow 
urine in amounts greater than 30cc/hr 
Medicated with Demerol 25mg IV at 0730 for c/o abdominal 
pain, will recheck in 15 minutes for relief of pain.
More documentation 
Don’t forget to write that the Plan of care was 
discussed with patient and that they agreed to 
same. Also, note any teaching including 
content and response and who was the 
recipient of the information.
Fine ART of NURSING 
DOCUMENTATION. 
• Why do we document? 
• We document to paint a clear and unbiased picture of 
our patient. 
• We document to pass on important information to our 
colleagues. 
• We use documentation in a collaborative effort to care 
for our patient through interdisciplinary teams. 
• We document to reduce risks. 
• We document to support quality of care for each patient. 
• We document to protect our patient and ourselves. 
• We document to maintain effective communication 
among team members.
What happens if we do not 
document? 
• Errors are made. 
• There is confusion. 
• We have no record of what happened with our 
patient on a shift by shift, day by day basis. 
• We have no legal basis on which to stand and 
support what we as nurses have done to care 
for this patient. 
• We do not effectively communicate.
Your license may depend on good 
documentation: 
Maybe you did what you as a nurse and 
professional should have done. 
The question is: How do you prove it?
The answer is: 
• You can not validate nor prove that you did what you 
were supposed to do unless you documented it. 
• This goes along with the tried and true statement of, “If 
you did not document it, you did not do it.”
The DO’S of charting/documenting 
• Make sure you have opened the correct chart. 
• Make sure you are documenting the 
information on the correct patient. 
• Chart in a chronological manner. 
• Do not wait to the end of the shift to document 
as you will forget something. 
• Use the nursing process. 
• For every action there must be an interaction. 
• Chart the care at the time you give the care. 
• Document a clear and concise picture.
More documentation 
• Don’t forget to write that the Plan of care was 
discussed with patient and that they agreed to 
same. Also, note any teaching including 
content and response and who was the 
recipient of the information.
DON’T/S 
• Do not chart a symptom such as c/o of pain 
without charting an intervention. 
• Do not ever alter a charted document as this is 
a criminal offense. 
• Do not chart what someone else said. 
• Chart what you know to be a fact as it relates 
to your patient. 
• Do not chart in advance, what if something 
happens and you can not complete the care 
you have already charted? 
• Chart in precise language, watch out for 
unapproved abbreviations and indistinct 
shorthand.
Common Allegations 
Made Against Nurses 
 Patient Falls 
 Failure to monitor 
 Medication errors/Poor documentation 
 Equipment injuries 
 Failure to follow hospital policies and procedures 
 Failure to ensure patient safety 
 Failure to report a change in patient’s status 
 Explore allegations in the various health care 
settings
Factors that Prompt 
Families to Sue 
 Nurse’s attitude is insensitive or he/she ignores a 
patient’s complaints 
 Nurse fails to meet patients needs throughout 
the course of their hospitalization 
 Nurse is inflexible and does not communicate 
well with patient and/or family members 
 Nurse exceeds boundaries and limits of practice
Typical Profile of a Litigious Plaintiff 
 Openly expresses hostility or anger at 
members of the health care team 
 Highly critical regarding all aspects of nursing 
care 
 Overreacts to any comments made 
 Blames staff for any and all negative events 
which have occurred 
 Has a history of filing lawsuits
Strategies to curtail or prevent suits 
Establish a good rapport with your patients 
Follow the ANA’s Moral Principles 
 Respect 
 Autonomy 
 Beneficence 
 Non-Maleficence 
 Veracity and Confidentiality 
 Fidelity and Privacy 
 Justice
Strategies cont. 
 Instill patient confidence 
 Keep patient and families informed of care 
issues 
 Be attentive, sincere and display a genuine 
sense of warmth 
 Maintain a professional demeanor at all 
times 
 Note: 75% of decisions to sue center on 
poor attitudes and poor communication. 
These are often the most costly civil type 
actions!
Impact of Standards of Nursing Practice 
 Standards of Practice serve as a legal yardstick to 
measuring our course of practice 
 They serve as “minimum”guidelines for dictating 
the boundaries of our practice 
 For legal purposes, they measure the 
performance of nurses with that of a “reasonably 
prudent nurse” 
 Each specialty of nursing may have their own 
individualized SOP 
 SOP may change periodically
Standards of Nursing Practice Cont. 
 SOP are sometimes confused with clinical 
guidelines or professional performance 
standards 
 Note the differences: 
 SOC: are standards used to measure whether 
nurses are following the nursing process 
 SOPP: are standards relating to the professional 
behavior of nurses 
 Clinical Guidelines: are pt focused and 
determine if the nurse is carrying out the 
recommended course of action
Board of Nurses Standards 
 RN Board: Section 217.11 of the NPA addresses 
minimum Standards of Professional Nursing 
Practice applicable to ALL nurses 
 Section 217.12 addresses what constitutes 
“unprofessional conduct” for both RNs & LVNs 
licensed in Texas
Examples of NPA violations 
 A nurse’s patient stopped breathing, the nurse 
left to gather supplies rather than initiate the 
Code and asks others to begin the Code. Two 
minutes lapsed from the time pt stopped 
breathing and when the nurse asked others 
to initiate CPR 
 An RN delegated an IM injection to an aide. 
The RN did not supervise the injection and the 
pts. sciatic nerve was damaged
Examples Cont. 
 The nurse was required to visit all home 
health clients within an allotted time. The 
nurse ran behind and instead of personally 
visiting all of the pts, the nurse called the 
patients. The nurse then documented that he 
had visited all the pts and thus Medicare was 
“fraudulently” billed for all these visits 
 A nurse was ordered to administer Valium IV. 
She administered too rapidly causing pts 
pulse ox and respirations to drop. She 
admitted that she had never administered this 
drug and didn’t know how long or slow it 
needed to be given over
Violations of NPA will subject Nurses to Investigation 
by the BNE 
Boards actions are administrative in nature 
Lawsuits against Nurses are deemed civil in nature 
At the board level, violations will prompt the BNE to 
institute the investigation process which involves 
the following steps: 
 Complaint filed 
 Nurse informed of allegations in writing and 
asked to respond 
 Case will be reviewed and either dismissed or 
informal conference may be requested 
 After conf, case may be dismissed or discipline 
recommended
Who is responsible for reporting to the 
BNE 
 Consumers 
 Health care providers other than RN’s 
 Attorneys 
 Health care entities
Who is Required to Report 
Complaints to the BNE 
 RNs have a duty to report 
 Peer Review Committees 
 Health Care entities 
 Professional Associations and Organizations 
 State Agencies 
 Professional Liability Insurers 
 Prosecuting Attorney for Criminal convictions
Harsh Realities 
 Know your states NPA READ, READ, 
READ! 
 The NPA can be your best friend or your 
worst enemy 
 The NPA will be what attorneys will be 
looking to if you are ever named in a civil 
lawsuit 
 Your license is a property interest that the 
board can issue and also strip away
Harsh Realities Cont. 
 Aside from disciplinary measures from the 
BNE, nurses can be held criminally or civilly 
liable for their actions. As such they can and 
are being sued in court 
 Civil Liability results when a nurse failed to 
act or acted, but in a negligent manner 
 Criminal Liability arises when a nurse 
commits a crime against the state such as 
murder, assault, battery, theft, or DWI 
 Each type of liability can lead to the other
Civil Liability 
 Of the various areas of civil law, the area 
which impacts nurses most is tort law 
 Tort defined: a civil wrong committed 
against another individual 
 Torts can be intentional or unintentional 
 Ex of intentional torts: false 
imprisonment, invasion of privacy, 
assault, battery, slander 
 Ex of unintentional tort: 
negligence/malpractice
Civil Liability Cont. 
 Negligence: failure to act as a reasonably 
prudent nurse would have acted in the same or 
similar circumstances. 
 Gross Negligence: a nurses intentional failure 
to perform a duty and recklessly disregarded 
such duty 
 Nursing Malpractice is a subpart of negligence 
and can also involve a nurse’s failure to protect a 
patient from risk or harm or when the nurse fails 
to meet the standard of professional nursing 
practice
Malpractice Claims Against Nurses 
 The ANA has reported that nursing 
malpractice awards have totaled about 
$145,000 
 A few have reached the million dollar mark! 
 In order for a plaintiff to be successful in a 
malpractice suit, he or she must prove 4 
essential components, otherwise the claim 
will dismissed.
4 Components of Negligence 
 Duty 
 Breach of Duty 
 Causation 
 Damages
Parties Involved in the Lawsuit Process 
 Plaintiff (s): person or persons initiating lawsuit 
 Defendant(s): person or persons against whom 
the lawsuit is TARGETING 
 Witnesses: anyone closely or remotely involved 
with the case 
 Experts: witnesses utilized in lawsuits to rebut or 
offer specific testimony 
 Judge: person who oversees the trial process 
 Juries: panel of individuals who decide the fate of 
the Defendant(s)
Timeline for Filing a Lawsuit 
 Statute of Limitations: is the time frame for 
filing a lawsuit. Texas has a 2 year SOL. 
Typically, lawsuits brought after the 2 year 
period will be forever barred. 
 Exceptions: 
 Fraudulent Concealment 
 Discovery Rule 
 Minors 
 Plaintiff must file Notice of Healthcare Liability 
in accordance with Chapter 74 of the Tex. Civ. 
Prac. & Remedies Code.
Anatomy of a Malpractice Suit 
 Most cases settle before ever going to trial 
 Those that don’t settle will proceed to trial 
 The trial process involves a series of events 
 Voir Dire 
 Opening Statements 
 Presentation of Plaintiff’s Case 
 Presentation of Defendant’s Case 
 Closing and Deliberations
Proceedings Cont. 
 Once a lawsuit is initiated, the discovery process 
will take place and includes: 
 Depositions 
 Interrogatories 
 Requests for Production, Interrogatories, 
Requests for Disclosure 
 Mediation Conferences
Remember 
• Negligence can be based in the fact of 
omission and / or co-mission. 
• Omission because we forgot to do something 
or we simply did not do something. We omitted 
it! 
• Co-mission because we did something we 
should not have done, we did it late causing a 
delay in care or we did it wrong.
WE ARE ALL PROBABLY LUCKY 
TO BE BREATHING (LTBB) 
• But we would never chart this, document this for 
our patient’s. 
• Has it happened? 
• Yes it has happened and then it was a mystery to 
unravel what LTBB actually meant. 
• Would you as a nurse want to explain in court to a 
jury that you charted LTBB and then have to tell a 
jury/judge what LTBB means?
• As cited in an AJN article, there are many ‘gaps’ in 
clinical documentation with patient’s responses, 
outcomes and actions often not included as current 
nursing documentation. 
• As the article noted documentation must also include 
evidence of assessment and patient progress. 
• Despite the trend to streamline clinical records to 
improve compliance with nursing documentation, 
there is a real concern that nurses are not reflecting 
the holistic nature of their practice and work.
Example 
• The patient was complaining of pain on a scale of 4 out 
of 10 using the pain scale. 
– What did you do? 
• You gave pain medication as ordered. 
– But then what? 
• You must reassess the patient within let’s say 1 hour to 
see if their pain has improved. Right? 
• If you do not reassess how do you know the intervention 
was helpful to the patient? 
• Perhaps you need to notify the physician for additional 
orders if the pain medication was not effective.
• What if the patient sues the nurse and the 
hospital because he/she claims to have been in 
unbearable pain for 2 days. 
• How do you know if this is true or not? 
• Is this a legitimate claim? 
• If you did not record patient’s response to the 
intervention of giving the pain medication but you 
are consistently giving pain medications without 
further intervention on behalf of the patient then 
you look guilty in the fact that you did not 
advocate for the patient thus you dropped the 
standard of care. Right?
So, What’s the Problem???? 
Documentation is often seen as taking time 
away from nursing care rather than being 
a part of nursing practice and care.
Use the nursing process to 
document: 
• The words you choose in charting today could 
come back to haunt you tomorrow and many 
tomorrows thereafter up to 7 years depending 
on the statute used.
Nursing Process Steps: 
• Assessment. This is the first step of the nursing 
process. It involves the systematic and continuous 
collection, validation (evaluation) and selection of data. 
• Nursing Diagnosis. From the assessment of functional 
health patterns human response patterns are identified 
and classified according to statements of actual, high 
risk and possible problems, and wellness diagnoses 
• Planning. Specification of client goals to promote health 
and/or prevent, reduce, or resolve the problems that are 
identified in the nursing diagnoses, and related nursing 
interventions. 
• Intervention. Implementing the plan of care 
• Evaluation. Measures the extent to which the 
patient/client has achieved the goals specified in the 
plan of care, and identifies the factors that positively or 
negatively influenced goal achievement.
Document, document and document 
should be the mantra around all care 
activities. 
• Moreover, documentation needs to go beyond 
what was actually performed, to include the 
thoughts, statements and intentions of both the 
provider and the care recipient. 
• Documentation should reflect this shared effort.
Document Everything Pertinent 
Moreover, documentation needs to go beyond 
what was actually performed, to include the 
thoughts, statements and intentions of both the 
provider and the care recipient. 
• Documentation should reflect this shared effort.
How to protect your license 
• Accurate Documentation 
• Factual Documentation 
• Complete Documentation 
• Abbreviations 
(use only approved) 
• Unsolved Mysteries ( avoid them) do not keep the 
reader guessing! 
• Criticism 
(avoid it) 
• Corrections and Late Entries ( Be specific) 
• Confidentiality 
Coordination of Care (when did you call the physician 
and why/ for what reason?)
Case Study 
• The plaintiff’s decedent, age seventy-eight, was a 
resident at the defendant’s nursing home. She 
complained of dizziness and nausea in December 2004. 
No vital signs or blood count were taken. 
• The next day, the decedent was found unconscious with 
blood on her sheets, pillows and adult diaper. 
• The plaintiff claimed that the blood-soaked articles were 
removed and the decedent was cleaned up before her 
family was contacted. 
• The decedent’s daughter claimed that she was told that 
her mother had died of a heart attack. 
• The chart entry on the death only noted that the 
decedent was found without respiration and no mention 
was made of her bloody condition.
What did the autopsy tell? 
• An autopsy found that the death was due to a 
gastrointestinal hemorrhage and that she had 
probably been bleeding internally for several 
days. 
• The plaintiff claimed that several entries in the 
decedent’s chart were false, including a 
notation that the decedent had received an 
insulin shot an hour before her death, and late 
entries concerning bleeding which were made 
by nurses who were not even on duty.
What do you think happened in this 
case? 
• According to a published account a jury returned a 
$54 million verdict, which included $4 million in 
compensatory damages and $50 million in punitive 
damages. 
• Eighty percent of fault was assessed against the 
facility and twenty percent was assessed against 
two nurses. 
• With permission from Medical Malpractice Verdicts, 
Settlements & Experts; Lewis Laska, Editor, 901 
Church St., Nashville, TN 37203-3411, 1-800-298
Another Case Study 
• The plaintiff’s decedent, age fifty-nine, 
underwent an elective outpatient knee surgery 
in March 2003 at the defendant hospital. 
• The surgery was reportedly uneventful. 
• However, while in the post-anesthesia care unit 
her blood pressure began to steadily increase. 
She soon stopped breathing. 
• The defendant, the nurse in the unit, 
administered Narcan to the patient.
Snap shot of the case: 
• The blood pressure spiked to 287/169. The 
plaintiff claimed that this caused the capillaries 
in her brain to leak fluid and her brain to swell 
against her skull. 
• A call for a physician was made eleven 
minutes after she stopped breathing and a 
physician responded three minutes later. 
• Medication was administered to counteract the 
Narcan (????). 
• The decedent had suffered brain damage and 
was in a permanent vegetative state. 
• Life support was removed two days later. 
• The woman died four days after the surgery.
What do you think happened here? 
• Where was the standard of care dropped? 
• What is the issue in the delayed call to the 
physician? 
• Do you see negligence? 
• How could this have been prevented? 
• Would you have an issue with this type of 
documentation?
What did they all have to say? 
• The plaintiffs alleged negligence by the nurse in failing 
to call a code or to immediately alert a physician for 
eleven minutes, during which brain injury resulted. 
• The defendants argued that the nurse had immediately 
called for a physician, but received no response. 
• The nurse claimed that she had simply followed the 
orders of the certified nurse anesthetist in the unit when 
a physician did not immediately appear after her first 
call. The defendants also contended that the decedent 
had actually died due to an extremely rare tumor in her 
adrenal glands, which caused her blood pressure to 
spike. 
• An autopsy did not reveal any tumor.
What do you think happened? 
• Did the nurse simply follow orders? 
• Did the nurse delay care? 
• Did the nurse anesthetist fail in her duties? 
• Did the nurse fail in her duties? 
• Did the physician/surgeon drop the ball on this 
one? 
• There was minimal to no documentation to 
support anyone’s claims that they did their job. 
• What is your conclusion?
Results 
• According to a report, a $675,000 verdict was 
returned against the nurse. 
• $1 million against the facility. 
• $1 million against the Nurse Anesthetist 
• $2 million against the facility.
Case Study 
• The plaintiff’s decedent underwent neck surgery in 
January 2003 which was performed at a Medical Center. 
• The decedent’s family claimed that he was fine in the 
recovery room. 
• After transfer to his room the decedent began 
experiencing respiratory distress. 
• His family claimed that the problems started an hour 
earlier than the hospital staff maintained that the 
problems began. The decedent went into respiratory 
arrest and a code was called. 
• He was eventually placed on life support and he died at 
the hospital when life support was removed about ten 
days later.
What happened? 
• It is a mystery because there are no 
documentation notes to support what 
happened after the transfer until the patient 
arrested. 
• The notes were created after the fact. 
• The assessment was not done initially or 
documented initially. 
• Who dropped the ball on this one? 
• Tell me your thoughts?
The allegations: 
• The plaintiffs alleged negligence by the 
hospital staff in failing to properly monitor the 
decedent after his arrival in the room. 
• The plaintiffs also claimed that the nurses 
failed to notify the attending physician of 
problems in a timely manner. 
• Note that the vital signs were added in as a 
late entry into the documentation for this 
patient. 
• What do you think that problem was in this 
scenario?
Defendants claims: 
• The defendants generally denied any 
negligence and claimed that preexisting 
conditions and superseding events outside the 
hospital’s control caused the death.
End Result: 
• According to a published account a $2,225,000 
verdict was returned and this became a 
licensing issue for the nurses involved.
Bottom Line 
• Due to financial pressures in healthcare, 
nursing services have a mandate of efficiency 
and measurability. 
• Why do you think this has happened? 
• The implementation of standardized 
languages, nursing diagnoses, and outcomes 
allows for increased practicality and efficiency 
of nursing data management.
• The definition of a nursing diagnosis is “a clinical 
judgment about an individual, a family or a 
community’s response to actual and potential 
health problems/ life processes.”
What does all of this mean? 
• Nursing diagnosis provides the basis for 
selection of nursing interventions to achieve 
outcomes for which the nurse is accountable. 
• Nursing interventions are regarded as nursing 
treatment which are based on clinical judgment 
and knowledge and which are carried out by 
nurses in order to improve patient outcomes. 
• Nursing Outcomes are described as changes 
in the patient’s health as a result of nursing 
interventions. 
• Defining aspects of nursing outcomes are 
regarded as measurable or observable results 
across a time period.
• One of the measures of quality for nursing 
outcomes is to link them with nursing diagnoses 
and intervention and evaluate them in that context 
(National Academy Press,1999).
The computer age 
• Electronic health care records have made a 
major difference in the lives of the practicing 
nursing professional. 
• We now have built in screens with prompts to 
let us know that a specific area of 
documentation is needed. 
• The problem is that we as nurses learn to 
circumvent the system. 
• When we do this we are more prone to 
mistakes in our documentation.
Electronic charting 
• “EHR charting is more structured; you’re forced 
to choose from various options in multiple lists 
(drop down lists). You have to change your 
thinking about charting.” 
• That doesn’t lessen your responsibility to 
document thoroughly and accurately, so you 
must understand how the system works and 
use it properly.
Always remember: 
• When properly implemented, information 
technology can 
• simplify information retrieval, reduce medical 
errors, and 
• improve communication, among other pluses. 
• But information 
• technology doesn’t eliminate the need for 
professional 
• judgment.
Keep in Mind! 
• “People are not infallible. 
• Neither are computers— 
• But we tend to think they are,” said Melanie 
Balestra, JD, MN, NP, a California-based 
attorney.
Some potential pitfalls of EHRs 
• Compared with paper records, an EHR can 
store more information for longer periods. 
• Also, an EHR is accessible concurrently from 
many workstations and can provide medical 
alerts and reminders. 
• Despite these and other advantages, an EHR 
can make one of your key responsibilities— 
documenting patient care—more difficult. 
• “Traditional paper charting is free-form and 
leaves more room for errors.
• You have to change your thinking about charting.” 
• That doesn’t lessen your responsibility to document 
thoroughly and accurately, so you must understand 
how the system works and use it properly. 
• “For instance, what if you enter something into the 
wrong patient’s chart?” 
• What do you do? What do you do on paper and what 
do you do in the electronic record?
Paper vs EHR 
• On paper you’d line through the entry once and 
initial or sign it, but you can’t do that in an 
EHR. 
• And, if you are able to make a correction, will 
the system still save the mistake?” 
• What is our process at Del Sol?
• If you record the information in two different places 
and make a mistake in one of them, you introduce a 
conflict. 
• Whether you can correct charting mistakes easily or at 
all may depend on the safeguards built into the 
system.
What records are legally valid? 
• Remember that reports or other documents 
transmitted via “low-tech” e-mail or fax can be 
just as legally valid as paper originals or 
records stored in an EHR. 
• “They’ll generally hold up in court as long as 
automatic date stamps or other systems are in 
place to prove they’re authentic and weren’t 
altered.” 
• Also any documents that you mention in your 
nursing notes may be discoverable if an 
attorney picks up on this information.
• A patient’s medical record can be subpoenaed in 
court and the information that has not been recorded 
could prove as useful as the documented record.
• With all patient-related documents, whether paper or 
electronic, taking appropriate security measures to 
protect privacy remains a top priority!!!!!! 
• To comply with the regulations of the Health 
Insurance Portability and Accountability Act (HIPAA), 
you must Do everything possible to prevent 
unauthorized people from viewing patients’ health 
information.
How do you document in your 
notes? 
You have a 29 year old female admitted to your medical 
surgical unit at 0900 hours. 
The primary medical diagnosis is anemia of unknown 
origin. 
Vital signs T 98.1, P72 R 24 B/P 120/60 initially 
The patient is pale, warm and dry. 0945 She is crying 
because she is frightened and does not want to be in 
the hospital. One hour into the shift you note the patient 
is in the bathroom vomiting, you smell blood and 
proceed to look at the toilet contents. You see bright red 
blood in a moderate amount. The time is 10 am. 0930 
Your head to toe assessment at 0900 hours is 
unremarkable. 
Document this: Use the nursing process!
References 
Kohn LT, Corrigan JM and Donaldson MS, Editors. To Err is Human: Building a 
Safer Health System. Washington, DC: National Academy Press. 1999. 
Centers for Disease Control and Prevention (National Center for health Statistics) 
Deaths: Final Data for 1997. National Vital Statistics Reports: 47:19) 27. 
Bates DW, Spell N, Cullen DJ et al. The costs of adverse drug events in 
hospitalized patients. JAMA. 277:307-311, 1997. 
Hanka, R. (1997). Information overload and 'just-in-time' knowledge. Center for 
Clinical Informatics. Retrieved on July 7, 2003 from 
http://www.medinfo.cam.ac.uk/miu/papers/hanka/mic97/just_in_time.html 
Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 
Church St., Nashville, TN 37203-3411, 1-800-298 
Ash JS, Berg M, Coiera E, et al. Some unintended 
consequences of information technology in health 
care: the nature of patient care information system related 
errors. J Am Med Inform Assoc. 2004; 11,
Test Taking for this course: 
• You will be given 3 case scenarios using a 
performance based data system and are 
required to document on each scenario as if 
you were the nurse and the person in the 
scenario was your patient. 
• Please document as you would if you were the 
primary nurse for this patient. 
• Use the nursing process and remember we 
must always document for a jury! Just in 
case…..
NPA 
• But, there is more to this story 
• Here is some of the stuff you haven’t heard yet
NPA
NPA 
• Action taken against nurses licensure can take 
many forms, but a couple of the big issues are 
failure to document, failure to inform, failure to 
rescue.
• Chart Check, Medication wastage
Unraveling the mystery of nursing documentation
Unraveling the mystery of nursing documentation
Unraveling the mystery of nursing documentation
Unraveling the mystery of nursing documentation
Unraveling the mystery of nursing documentation

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Unraveling the mystery of nursing documentation

  • 1. Unraveling the Mystery of Nursing Documentation Wanda Sanchez, MSN, RN, MBA, ANP-BC Evangelina Ramirez MSN, RN, CCRN Clinical Nurse Educator
  • 2. Documentation Or….You want this chart to be your friend
  • 3. Documentation • Bad documentation can make good nursing look bad and can make bad nursing look even worse. • Five years from now, you probably won’t remember the patient you had yesterday. All you will be able to depend on is your notes.
  • 4. • If that statement makes you feel better then you are probably doing a decent job of documenting. • If that statement gives you the willies, then we need to re-visit your documentation skills
  • 5. Objectives • Determine the legal responsibility and accountability of the nurse in documentation. • Support quality of care through documentation. • Reduce risk in documentation • Validation through documentation • Comparison of paper documentation versus electronic documentation • How to use the nursing process in documentation • Use of actual case studies to clarify appropriate documentation.
  • 6. Significance • Legal Proof of the nature and quality of care • May be the focus of inquiry in injury, malpractice or liability claims • Complete records will defend you against allegations of negligence, improper treatment or omissions in care
  • 7. What if you see the following charted? “The patient was LTBB.” What do you think that MEANS????
  • 8. LTBB is not an approved abbreviation: DO YOU KNOW WHAT IT MEANS?
  • 9. LTBB means: LUCKY TO BE BREATHING!
  • 10. WE ARE ALL PROBABLY LUCKY TO BE BREATHING (LTBB) But we would never chart this (Hopefully) Has it happened? Yes it has happened and then it was a mystery to unravel what LTBB actually meant. Would you as a nurse want to explain in court to a jury that you charted LTBB and then have to tell a jury/judge what LTBB means?
  • 11. Significance Failure to document implies failure to provide care
  • 12. Documentation Provides • Written evidence of interactions, treatments, procedures and patient’s response to them • Communication with other health care providers
  • 13. • Nursing documentation is an important part of clinical documentation and is a fundamental nursing responsibility with professional, legal and financial ramifications.
  • 14. Objectives in Documentation in Nursing Practice • To show evidence of provision of quality health care • Advancement of efficient and effective health services programs • Creation of a legal record of nursing services/treatments/communications provided to patients.
  • 15. How Medical Records are Viewed • There is a presumption that a medical record is accurate if no evidence of fraud or tampering is noted. • Medical records that are intact, sequential, and organized supports a presumption of “quality care.”
  • 16. Legal Pitfalls of Improper Documentation • Faulty record keeping practices; • Absence of information; • Charting after the fact; • Missing records, time gaps; • Vague Entries; • Late Entries; • Improper corrections;
  • 17. Legal • Unauthorized entries; • Use of unauthorized medical abbreviations; • Documenting personal opinions; • Writing is illegible • Hospital loses money due to improper and/or failure to correctly input proper diagnostic codes.
  • 18. How to Avoid the Legal Pitfalls of Documentation – Number, Date and Sign all entries; – Write legibly; – Use generally accepted standard medical abbreviations; – Document immediately or soon thereafter when caring for your patients; – Document what you see, hear, feel and smell; – Avoid innuendo;
  • 19. How to Avoid the Legal Pitfalls of Documentation – Avoid use of liquid paper or correction tape; – Avoid use of pencil; – Do not chart for others; – Enter appropriate codes; – Follow proper policies and procedures for documentation
  • 20. How to Avoid the Legal Pitfalls of Documentation (cont) – Make corrections following appropriate guidelines; – Avoid tampering with records; – Follow hospital policies for handling verbal orders, telephone orders, etc. – Do not leave blank spaces for others to later add entries; – After charting, avoid divulging confidential information to “others.”
  • 21. How to Avoid the Legal Pitfalls of Documentation (cont) • Use appropriate punctuation and grammar. • Double check patient information; • If computerized charting is utilized in your institutions, take measures to safeguard your personal code. • Maintain patient privacy • Avoid derogatory comments on charting systems.
  • 22. GENERAL TIPS FOR AVOIDING LIABILITY • Maintain prudent documentation and healthcare practices • Be familiar with policies and procedures re: charting and documentation of your health care facility • Establish a good rapport with your patients • Write legibly • Document factual information • Write proficiently, use proper grammar and punctuation.
  • 23. Assessments • Full shift assessments should be done at the beginning of the shift and after a fall • Focused assessments should be done as per your unit protocol every 4 hours in critical care
  • 24. Narrative charting • Your first note should be fairly extensive and should “paint a picture” of what the patient status is, your view of their initial assessment, any outstanding or unresolved problems
  • 25. First note This is where you document your lines, drips, rhythms, pressures, etc. i.e. 54 year old male in with diagnosis pancreatitis under service Dr. Feelgood. Admitted to hospital and this unit on 12/1/08. Patient awake, responsive, moves all extremities purposefully. Complains of abdominal pain and vomiting. Skin color icteric warm dry. IV’s as follows: Left subclavian triple lumen NS at 120 Dopamine infusion at 7 mcg/kg/min CVP Pressure readings done on 3rd port
  • 26. Continued NGT in place, verified though auscultation of air bubble and return of gastric contents. Connected to Low continuous suction draining small amounts green drainage. Foley catheter patent draining clear yellow urine in amounts greater than 30cc/hr Medicated with Demerol 25mg IV at 0730 for c/o abdominal pain, will recheck in 15 minutes for relief of pain.
  • 27. More documentation Don’t forget to write that the Plan of care was discussed with patient and that they agreed to same. Also, note any teaching including content and response and who was the recipient of the information.
  • 28. Fine ART of NURSING DOCUMENTATION. • Why do we document? • We document to paint a clear and unbiased picture of our patient. • We document to pass on important information to our colleagues. • We use documentation in a collaborative effort to care for our patient through interdisciplinary teams. • We document to reduce risks. • We document to support quality of care for each patient. • We document to protect our patient and ourselves. • We document to maintain effective communication among team members.
  • 29. What happens if we do not document? • Errors are made. • There is confusion. • We have no record of what happened with our patient on a shift by shift, day by day basis. • We have no legal basis on which to stand and support what we as nurses have done to care for this patient. • We do not effectively communicate.
  • 30. Your license may depend on good documentation: Maybe you did what you as a nurse and professional should have done. The question is: How do you prove it?
  • 31. The answer is: • You can not validate nor prove that you did what you were supposed to do unless you documented it. • This goes along with the tried and true statement of, “If you did not document it, you did not do it.”
  • 32. The DO’S of charting/documenting • Make sure you have opened the correct chart. • Make sure you are documenting the information on the correct patient. • Chart in a chronological manner. • Do not wait to the end of the shift to document as you will forget something. • Use the nursing process. • For every action there must be an interaction. • Chart the care at the time you give the care. • Document a clear and concise picture.
  • 33. More documentation • Don’t forget to write that the Plan of care was discussed with patient and that they agreed to same. Also, note any teaching including content and response and who was the recipient of the information.
  • 34. DON’T/S • Do not chart a symptom such as c/o of pain without charting an intervention. • Do not ever alter a charted document as this is a criminal offense. • Do not chart what someone else said. • Chart what you know to be a fact as it relates to your patient. • Do not chart in advance, what if something happens and you can not complete the care you have already charted? • Chart in precise language, watch out for unapproved abbreviations and indistinct shorthand.
  • 35. Common Allegations Made Against Nurses  Patient Falls  Failure to monitor  Medication errors/Poor documentation  Equipment injuries  Failure to follow hospital policies and procedures  Failure to ensure patient safety  Failure to report a change in patient’s status  Explore allegations in the various health care settings
  • 36. Factors that Prompt Families to Sue  Nurse’s attitude is insensitive or he/she ignores a patient’s complaints  Nurse fails to meet patients needs throughout the course of their hospitalization  Nurse is inflexible and does not communicate well with patient and/or family members  Nurse exceeds boundaries and limits of practice
  • 37. Typical Profile of a Litigious Plaintiff  Openly expresses hostility or anger at members of the health care team  Highly critical regarding all aspects of nursing care  Overreacts to any comments made  Blames staff for any and all negative events which have occurred  Has a history of filing lawsuits
  • 38. Strategies to curtail or prevent suits Establish a good rapport with your patients Follow the ANA’s Moral Principles  Respect  Autonomy  Beneficence  Non-Maleficence  Veracity and Confidentiality  Fidelity and Privacy  Justice
  • 39. Strategies cont.  Instill patient confidence  Keep patient and families informed of care issues  Be attentive, sincere and display a genuine sense of warmth  Maintain a professional demeanor at all times  Note: 75% of decisions to sue center on poor attitudes and poor communication. These are often the most costly civil type actions!
  • 40. Impact of Standards of Nursing Practice  Standards of Practice serve as a legal yardstick to measuring our course of practice  They serve as “minimum”guidelines for dictating the boundaries of our practice  For legal purposes, they measure the performance of nurses with that of a “reasonably prudent nurse”  Each specialty of nursing may have their own individualized SOP  SOP may change periodically
  • 41. Standards of Nursing Practice Cont.  SOP are sometimes confused with clinical guidelines or professional performance standards  Note the differences:  SOC: are standards used to measure whether nurses are following the nursing process  SOPP: are standards relating to the professional behavior of nurses  Clinical Guidelines: are pt focused and determine if the nurse is carrying out the recommended course of action
  • 42. Board of Nurses Standards  RN Board: Section 217.11 of the NPA addresses minimum Standards of Professional Nursing Practice applicable to ALL nurses  Section 217.12 addresses what constitutes “unprofessional conduct” for both RNs & LVNs licensed in Texas
  • 43. Examples of NPA violations  A nurse’s patient stopped breathing, the nurse left to gather supplies rather than initiate the Code and asks others to begin the Code. Two minutes lapsed from the time pt stopped breathing and when the nurse asked others to initiate CPR  An RN delegated an IM injection to an aide. The RN did not supervise the injection and the pts. sciatic nerve was damaged
  • 44. Examples Cont.  The nurse was required to visit all home health clients within an allotted time. The nurse ran behind and instead of personally visiting all of the pts, the nurse called the patients. The nurse then documented that he had visited all the pts and thus Medicare was “fraudulently” billed for all these visits  A nurse was ordered to administer Valium IV. She administered too rapidly causing pts pulse ox and respirations to drop. She admitted that she had never administered this drug and didn’t know how long or slow it needed to be given over
  • 45. Violations of NPA will subject Nurses to Investigation by the BNE Boards actions are administrative in nature Lawsuits against Nurses are deemed civil in nature At the board level, violations will prompt the BNE to institute the investigation process which involves the following steps:  Complaint filed  Nurse informed of allegations in writing and asked to respond  Case will be reviewed and either dismissed or informal conference may be requested  After conf, case may be dismissed or discipline recommended
  • 46. Who is responsible for reporting to the BNE  Consumers  Health care providers other than RN’s  Attorneys  Health care entities
  • 47. Who is Required to Report Complaints to the BNE  RNs have a duty to report  Peer Review Committees  Health Care entities  Professional Associations and Organizations  State Agencies  Professional Liability Insurers  Prosecuting Attorney for Criminal convictions
  • 48. Harsh Realities  Know your states NPA READ, READ, READ!  The NPA can be your best friend or your worst enemy  The NPA will be what attorneys will be looking to if you are ever named in a civil lawsuit  Your license is a property interest that the board can issue and also strip away
  • 49. Harsh Realities Cont.  Aside from disciplinary measures from the BNE, nurses can be held criminally or civilly liable for their actions. As such they can and are being sued in court  Civil Liability results when a nurse failed to act or acted, but in a negligent manner  Criminal Liability arises when a nurse commits a crime against the state such as murder, assault, battery, theft, or DWI  Each type of liability can lead to the other
  • 50. Civil Liability  Of the various areas of civil law, the area which impacts nurses most is tort law  Tort defined: a civil wrong committed against another individual  Torts can be intentional or unintentional  Ex of intentional torts: false imprisonment, invasion of privacy, assault, battery, slander  Ex of unintentional tort: negligence/malpractice
  • 51. Civil Liability Cont.  Negligence: failure to act as a reasonably prudent nurse would have acted in the same or similar circumstances.  Gross Negligence: a nurses intentional failure to perform a duty and recklessly disregarded such duty  Nursing Malpractice is a subpart of negligence and can also involve a nurse’s failure to protect a patient from risk or harm or when the nurse fails to meet the standard of professional nursing practice
  • 52. Malpractice Claims Against Nurses  The ANA has reported that nursing malpractice awards have totaled about $145,000  A few have reached the million dollar mark!  In order for a plaintiff to be successful in a malpractice suit, he or she must prove 4 essential components, otherwise the claim will dismissed.
  • 53. 4 Components of Negligence  Duty  Breach of Duty  Causation  Damages
  • 54. Parties Involved in the Lawsuit Process  Plaintiff (s): person or persons initiating lawsuit  Defendant(s): person or persons against whom the lawsuit is TARGETING  Witnesses: anyone closely or remotely involved with the case  Experts: witnesses utilized in lawsuits to rebut or offer specific testimony  Judge: person who oversees the trial process  Juries: panel of individuals who decide the fate of the Defendant(s)
  • 55. Timeline for Filing a Lawsuit  Statute of Limitations: is the time frame for filing a lawsuit. Texas has a 2 year SOL. Typically, lawsuits brought after the 2 year period will be forever barred.  Exceptions:  Fraudulent Concealment  Discovery Rule  Minors  Plaintiff must file Notice of Healthcare Liability in accordance with Chapter 74 of the Tex. Civ. Prac. & Remedies Code.
  • 56. Anatomy of a Malpractice Suit  Most cases settle before ever going to trial  Those that don’t settle will proceed to trial  The trial process involves a series of events  Voir Dire  Opening Statements  Presentation of Plaintiff’s Case  Presentation of Defendant’s Case  Closing and Deliberations
  • 57. Proceedings Cont.  Once a lawsuit is initiated, the discovery process will take place and includes:  Depositions  Interrogatories  Requests for Production, Interrogatories, Requests for Disclosure  Mediation Conferences
  • 58. Remember • Negligence can be based in the fact of omission and / or co-mission. • Omission because we forgot to do something or we simply did not do something. We omitted it! • Co-mission because we did something we should not have done, we did it late causing a delay in care or we did it wrong.
  • 59. WE ARE ALL PROBABLY LUCKY TO BE BREATHING (LTBB) • But we would never chart this, document this for our patient’s. • Has it happened? • Yes it has happened and then it was a mystery to unravel what LTBB actually meant. • Would you as a nurse want to explain in court to a jury that you charted LTBB and then have to tell a jury/judge what LTBB means?
  • 60. • As cited in an AJN article, there are many ‘gaps’ in clinical documentation with patient’s responses, outcomes and actions often not included as current nursing documentation. • As the article noted documentation must also include evidence of assessment and patient progress. • Despite the trend to streamline clinical records to improve compliance with nursing documentation, there is a real concern that nurses are not reflecting the holistic nature of their practice and work.
  • 61. Example • The patient was complaining of pain on a scale of 4 out of 10 using the pain scale. – What did you do? • You gave pain medication as ordered. – But then what? • You must reassess the patient within let’s say 1 hour to see if their pain has improved. Right? • If you do not reassess how do you know the intervention was helpful to the patient? • Perhaps you need to notify the physician for additional orders if the pain medication was not effective.
  • 62. • What if the patient sues the nurse and the hospital because he/she claims to have been in unbearable pain for 2 days. • How do you know if this is true or not? • Is this a legitimate claim? • If you did not record patient’s response to the intervention of giving the pain medication but you are consistently giving pain medications without further intervention on behalf of the patient then you look guilty in the fact that you did not advocate for the patient thus you dropped the standard of care. Right?
  • 63. So, What’s the Problem???? Documentation is often seen as taking time away from nursing care rather than being a part of nursing practice and care.
  • 64. Use the nursing process to document: • The words you choose in charting today could come back to haunt you tomorrow and many tomorrows thereafter up to 7 years depending on the statute used.
  • 65. Nursing Process Steps: • Assessment. This is the first step of the nursing process. It involves the systematic and continuous collection, validation (evaluation) and selection of data. • Nursing Diagnosis. From the assessment of functional health patterns human response patterns are identified and classified according to statements of actual, high risk and possible problems, and wellness diagnoses • Planning. Specification of client goals to promote health and/or prevent, reduce, or resolve the problems that are identified in the nursing diagnoses, and related nursing interventions. • Intervention. Implementing the plan of care • Evaluation. Measures the extent to which the patient/client has achieved the goals specified in the plan of care, and identifies the factors that positively or negatively influenced goal achievement.
  • 66. Document, document and document should be the mantra around all care activities. • Moreover, documentation needs to go beyond what was actually performed, to include the thoughts, statements and intentions of both the provider and the care recipient. • Documentation should reflect this shared effort.
  • 67. Document Everything Pertinent Moreover, documentation needs to go beyond what was actually performed, to include the thoughts, statements and intentions of both the provider and the care recipient. • Documentation should reflect this shared effort.
  • 68. How to protect your license • Accurate Documentation • Factual Documentation • Complete Documentation • Abbreviations (use only approved) • Unsolved Mysteries ( avoid them) do not keep the reader guessing! • Criticism (avoid it) • Corrections and Late Entries ( Be specific) • Confidentiality Coordination of Care (when did you call the physician and why/ for what reason?)
  • 69. Case Study • The plaintiff’s decedent, age seventy-eight, was a resident at the defendant’s nursing home. She complained of dizziness and nausea in December 2004. No vital signs or blood count were taken. • The next day, the decedent was found unconscious with blood on her sheets, pillows and adult diaper. • The plaintiff claimed that the blood-soaked articles were removed and the decedent was cleaned up before her family was contacted. • The decedent’s daughter claimed that she was told that her mother had died of a heart attack. • The chart entry on the death only noted that the decedent was found without respiration and no mention was made of her bloody condition.
  • 70. What did the autopsy tell? • An autopsy found that the death was due to a gastrointestinal hemorrhage and that she had probably been bleeding internally for several days. • The plaintiff claimed that several entries in the decedent’s chart were false, including a notation that the decedent had received an insulin shot an hour before her death, and late entries concerning bleeding which were made by nurses who were not even on duty.
  • 71. What do you think happened in this case? • According to a published account a jury returned a $54 million verdict, which included $4 million in compensatory damages and $50 million in punitive damages. • Eighty percent of fault was assessed against the facility and twenty percent was assessed against two nurses. • With permission from Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298
  • 72. Another Case Study • The plaintiff’s decedent, age fifty-nine, underwent an elective outpatient knee surgery in March 2003 at the defendant hospital. • The surgery was reportedly uneventful. • However, while in the post-anesthesia care unit her blood pressure began to steadily increase. She soon stopped breathing. • The defendant, the nurse in the unit, administered Narcan to the patient.
  • 73. Snap shot of the case: • The blood pressure spiked to 287/169. The plaintiff claimed that this caused the capillaries in her brain to leak fluid and her brain to swell against her skull. • A call for a physician was made eleven minutes after she stopped breathing and a physician responded three minutes later. • Medication was administered to counteract the Narcan (????). • The decedent had suffered brain damage and was in a permanent vegetative state. • Life support was removed two days later. • The woman died four days after the surgery.
  • 74. What do you think happened here? • Where was the standard of care dropped? • What is the issue in the delayed call to the physician? • Do you see negligence? • How could this have been prevented? • Would you have an issue with this type of documentation?
  • 75. What did they all have to say? • The plaintiffs alleged negligence by the nurse in failing to call a code or to immediately alert a physician for eleven minutes, during which brain injury resulted. • The defendants argued that the nurse had immediately called for a physician, but received no response. • The nurse claimed that she had simply followed the orders of the certified nurse anesthetist in the unit when a physician did not immediately appear after her first call. The defendants also contended that the decedent had actually died due to an extremely rare tumor in her adrenal glands, which caused her blood pressure to spike. • An autopsy did not reveal any tumor.
  • 76. What do you think happened? • Did the nurse simply follow orders? • Did the nurse delay care? • Did the nurse anesthetist fail in her duties? • Did the nurse fail in her duties? • Did the physician/surgeon drop the ball on this one? • There was minimal to no documentation to support anyone’s claims that they did their job. • What is your conclusion?
  • 77. Results • According to a report, a $675,000 verdict was returned against the nurse. • $1 million against the facility. • $1 million against the Nurse Anesthetist • $2 million against the facility.
  • 78. Case Study • The plaintiff’s decedent underwent neck surgery in January 2003 which was performed at a Medical Center. • The decedent’s family claimed that he was fine in the recovery room. • After transfer to his room the decedent began experiencing respiratory distress. • His family claimed that the problems started an hour earlier than the hospital staff maintained that the problems began. The decedent went into respiratory arrest and a code was called. • He was eventually placed on life support and he died at the hospital when life support was removed about ten days later.
  • 79. What happened? • It is a mystery because there are no documentation notes to support what happened after the transfer until the patient arrested. • The notes were created after the fact. • The assessment was not done initially or documented initially. • Who dropped the ball on this one? • Tell me your thoughts?
  • 80. The allegations: • The plaintiffs alleged negligence by the hospital staff in failing to properly monitor the decedent after his arrival in the room. • The plaintiffs also claimed that the nurses failed to notify the attending physician of problems in a timely manner. • Note that the vital signs were added in as a late entry into the documentation for this patient. • What do you think that problem was in this scenario?
  • 81. Defendants claims: • The defendants generally denied any negligence and claimed that preexisting conditions and superseding events outside the hospital’s control caused the death.
  • 82. End Result: • According to a published account a $2,225,000 verdict was returned and this became a licensing issue for the nurses involved.
  • 83. Bottom Line • Due to financial pressures in healthcare, nursing services have a mandate of efficiency and measurability. • Why do you think this has happened? • The implementation of standardized languages, nursing diagnoses, and outcomes allows for increased practicality and efficiency of nursing data management.
  • 84. • The definition of a nursing diagnosis is “a clinical judgment about an individual, a family or a community’s response to actual and potential health problems/ life processes.”
  • 85. What does all of this mean? • Nursing diagnosis provides the basis for selection of nursing interventions to achieve outcomes for which the nurse is accountable. • Nursing interventions are regarded as nursing treatment which are based on clinical judgment and knowledge and which are carried out by nurses in order to improve patient outcomes. • Nursing Outcomes are described as changes in the patient’s health as a result of nursing interventions. • Defining aspects of nursing outcomes are regarded as measurable or observable results across a time period.
  • 86. • One of the measures of quality for nursing outcomes is to link them with nursing diagnoses and intervention and evaluate them in that context (National Academy Press,1999).
  • 87. The computer age • Electronic health care records have made a major difference in the lives of the practicing nursing professional. • We now have built in screens with prompts to let us know that a specific area of documentation is needed. • The problem is that we as nurses learn to circumvent the system. • When we do this we are more prone to mistakes in our documentation.
  • 88. Electronic charting • “EHR charting is more structured; you’re forced to choose from various options in multiple lists (drop down lists). You have to change your thinking about charting.” • That doesn’t lessen your responsibility to document thoroughly and accurately, so you must understand how the system works and use it properly.
  • 89. Always remember: • When properly implemented, information technology can • simplify information retrieval, reduce medical errors, and • improve communication, among other pluses. • But information • technology doesn’t eliminate the need for professional • judgment.
  • 90. Keep in Mind! • “People are not infallible. • Neither are computers— • But we tend to think they are,” said Melanie Balestra, JD, MN, NP, a California-based attorney.
  • 91. Some potential pitfalls of EHRs • Compared with paper records, an EHR can store more information for longer periods. • Also, an EHR is accessible concurrently from many workstations and can provide medical alerts and reminders. • Despite these and other advantages, an EHR can make one of your key responsibilities— documenting patient care—more difficult. • “Traditional paper charting is free-form and leaves more room for errors.
  • 92. • You have to change your thinking about charting.” • That doesn’t lessen your responsibility to document thoroughly and accurately, so you must understand how the system works and use it properly. • “For instance, what if you enter something into the wrong patient’s chart?” • What do you do? What do you do on paper and what do you do in the electronic record?
  • 93. Paper vs EHR • On paper you’d line through the entry once and initial or sign it, but you can’t do that in an EHR. • And, if you are able to make a correction, will the system still save the mistake?” • What is our process at Del Sol?
  • 94. • If you record the information in two different places and make a mistake in one of them, you introduce a conflict. • Whether you can correct charting mistakes easily or at all may depend on the safeguards built into the system.
  • 95. What records are legally valid? • Remember that reports or other documents transmitted via “low-tech” e-mail or fax can be just as legally valid as paper originals or records stored in an EHR. • “They’ll generally hold up in court as long as automatic date stamps or other systems are in place to prove they’re authentic and weren’t altered.” • Also any documents that you mention in your nursing notes may be discoverable if an attorney picks up on this information.
  • 96. • A patient’s medical record can be subpoenaed in court and the information that has not been recorded could prove as useful as the documented record.
  • 97. • With all patient-related documents, whether paper or electronic, taking appropriate security measures to protect privacy remains a top priority!!!!!! • To comply with the regulations of the Health Insurance Portability and Accountability Act (HIPAA), you must Do everything possible to prevent unauthorized people from viewing patients’ health information.
  • 98. How do you document in your notes? You have a 29 year old female admitted to your medical surgical unit at 0900 hours. The primary medical diagnosis is anemia of unknown origin. Vital signs T 98.1, P72 R 24 B/P 120/60 initially The patient is pale, warm and dry. 0945 She is crying because she is frightened and does not want to be in the hospital. One hour into the shift you note the patient is in the bathroom vomiting, you smell blood and proceed to look at the toilet contents. You see bright red blood in a moderate amount. The time is 10 am. 0930 Your head to toe assessment at 0900 hours is unremarkable. Document this: Use the nursing process!
  • 99. References Kohn LT, Corrigan JM and Donaldson MS, Editors. To Err is Human: Building a Safer Health System. Washington, DC: National Academy Press. 1999. Centers for Disease Control and Prevention (National Center for health Statistics) Deaths: Final Data for 1997. National Vital Statistics Reports: 47:19) 27. Bates DW, Spell N, Cullen DJ et al. The costs of adverse drug events in hospitalized patients. JAMA. 277:307-311, 1997. Hanka, R. (1997). Information overload and 'just-in-time' knowledge. Center for Clinical Informatics. Retrieved on July 7, 2003 from http://www.medinfo.cam.ac.uk/miu/papers/hanka/mic97/just_in_time.html Medical Malpractice Verdicts, Settlements & Experts; Lewis Laska, Editor, 901 Church St., Nashville, TN 37203-3411, 1-800-298 Ash JS, Berg M, Coiera E, et al. Some unintended consequences of information technology in health care: the nature of patient care information system related errors. J Am Med Inform Assoc. 2004; 11,
  • 100. Test Taking for this course: • You will be given 3 case scenarios using a performance based data system and are required to document on each scenario as if you were the nurse and the person in the scenario was your patient. • Please document as you would if you were the primary nurse for this patient. • Use the nursing process and remember we must always document for a jury! Just in case…..
  • 101. NPA • But, there is more to this story • Here is some of the stuff you haven’t heard yet
  • 102.
  • 103. NPA
  • 104. NPA • Action taken against nurses licensure can take many forms, but a couple of the big issues are failure to document, failure to inform, failure to rescue.
  • 105. • Chart Check, Medication wastage

Notas del editor

  1. Unraveling Nursing documentation
  2. The patient was LTBB. What do you think that MEANS?
  3. Why do we document? We document to paint a clear and unbiased picture of our patient. We document to pass on important information to our colleagues. We use documentation in a collaborative effort to care for our patient through interdisciplinary teams. We document to reduce risks. We document to support quality of care for each patient. We document to protect our patient and ourselves. We document to maintain effective communication among team members.
  4. Errors are made. There is confusion. We have no record of what happened with our patient on a shift by shift, day by day basis. We have no legal basis on which to stand and support what we as nurses have done to care for this patient. We do not effectively communicate.
  5. Maybe you did what you as a nurse and professional should have done. The question is: How do you prove it?
  6. Make sure you have opened the correct chart. Make sure you are documenting the information on the correct patient. Chart in a chronological manner. Do not wait to the end of the shift to document as you will forget something. Use the nursing process. For every action there must be an interaction. Chart the care at the time you give the care. Document a clear and concise picture.
  7. Do not chart a symptom such as c/o of pain without charting an intervention. Do not ever alter a charted document as this is a criminal offense. Do not chart what someone else said. Chart what you know to be a fact as it relates to your patient. Do not chart in advance, what if something happens and you can not complete the care you have already charted? Chart in precise language, watch out for unapproved abbreviations and indistinct shorthand.
  8. The plaintiff’s decedent, age seventy-eight, was a resident at the defendant’s nursing home. She complained of dizziness and nausea in December 2004. No vital signs or blood count were taken. The next day, the decedent was found unconscious with blood on her sheets, pillows and adult diaper. The plaintiff claimed that the blood-soaked articles were removed and the decedent was cleaned up before her family was contacted. The decedent’s daughter claimed that she was told that her mother had died of a heart attack. The chart entry on the death only noted that the decedent was found without respiration and no mention was made of her bloody condition.
  9. An autopsy found that the death was due to a gastrointestinal hemorrhage and that she had probably been bleeding internally for several days. The plaintiff claimed that several entries in the decedent’s chart were false, including a notation that the decedent had received an insulin shot an hour before her death, and late entries concerning bleeding which were made by nurses who were not even on duty.
  10. According to a published account a jury returned a $54 million verdict, which included $4 million in compensatory damages and $50 million in punitive damages. Eighty percent of fault was assessed against the facility and twenty percent was assessed against two nurses.
  11. The plaintiff’s decedent, age fifty-nine, underwent an elective outpatient knee surgery in March 2003 at the defendant hospital. The surgery was reportedly uneventful. However, while in the post-anesthesia care unit her blood pressure began to steadily increase. She soon stopped breathing. The defendant, the nurse in the unit, administered Narcan to the patient.
  12. The blood pressure spiked to 287/169. The plaintiff claimed that this caused the capillaries in her brain to leak fluid and her brain to swell against her skull. A call for a physician was made eleven minutes after she stopped breathing and a physician responded three minutes later. Medication was administered to counteract the Narcan (????). The decedent had suffered brain damage and was in a permanent vegetative state. Life support was removed two days later. The woman died four days after the surgery.
  13. The plaintiffs alleged negligence by the nurse in failing to call a code or to immediately alert a physician for eleven minutes, during which brain injury resulted. The defendants argued that the nurse had immediately called for a physician, but received no response. The nurse claimed that she had simply followed the orders of the certified nurse anesthetist in the unit when a physician did not immediately appear after her first call. The defendants also contended that the decedent had actually died due to an extremely rare tumor in her adrenal glands, which caused her blood pressure to spike. An autopsy did not reveal any tumor.
  14. Did the nurse simply follow orders? Did the nurse delay care? Did the nurse anesthetist fail in her duties? Did the nurse fail in her duties? Did the physician/surgeon drop the ball on this one? There was minimal to no documentation to support anyone’s claims that they did their job. What is your conclusion?
  15. According to a report, a $675,000 verdict was returned against the nurse. $1 million against the facility. $1 million against the Nurse Anesthetist $2 million against the facility.
  16. The plaintiff’s decedent underwent neck surgery in January 2003 which was performed at a Medical Center. The decedent’s family claimed that he was fine in the recovery room. After transfer to his room the decedent began experiencing respiratory distress. His family claimed that the problems started an hour earlier than the hospital staff maintained that the problems began. The decedent went into respiratory arrest and a code was called. He was eventually placed on life support and he died at the hospital when life support was removed about ten days later.
  17. It is a mystery because there are no documentation notes to support what happened after the transfer until the patient arrested. The notes were created after the fact. The assessment was not done initially or documented initially. Who dropped the ball on this one? Tell me your thoughts?
  18. “People are not infallible. Neither are computers— But we tend to think they are,” said Melanie Balestra, JD, MN, NP, a California-based attorney.
  19. Traditional paper charting leaves more room for errors because as nurses we must sit and think about what we are going to write and how we are going to word what we need to say. Many times we put in too little information and at other times we over kill on everything and create a novel.
  20. At Del Sol using the EHR the information stays in the chart as noted. What we do is go into the nursing note screen and define that we have entered the wrong information or the wrong patient, etc. The bad info stays but we did recognize it and make an entry of correction so if we had too we could explain this in court.
  21. If you record the information in two different places and make a mistake in one of them, you introduce a conflict. Whether you can correct charting mistakes easily or at all may depend on the safeguards built into the system.
  22. Remember that reports or other documents transmitted via “low-tech” e-mail or fax can be just as legally valid as paper originals or records stored in an EHR. “They’ll generally hold up in court as long as automatic date stamps or other systems are in place to prove they’re authentic and weren’t altered.” Also any documents that you mention in your nursing notes may be discoverable if an attorney picks up on this information.
  23. A patient’s medical record can be subpoenaed in court and the information that has not been recorded could prove as useful as the documented record.
  24. With all patient-related documents, whether paper or electronic, taking appropriate security measures to protect privacy remains a top priority!!!!!! To comply with the regulations of the Health Insurance Portability and Accountability Act (HIPAA), you must ** Do everything possible to prevent unauthorized people from viewing patients’ health information.
  25. Assessment: What is your assessment of this patient? Nursing diagnosis: What is the nursing diagnosis? Planning; What would be your plan for this patient? Implementation/Intervention; What is your intervention for this patient. What is the plan and how will you carry it out? Evaluation: What is your final evaluation of this patient? If you use the nursing process you will cover all of your basis on this patient and on any patient for documentation.
  26. 3 PBDS scenarios using evidence based practice. Each learner will document according to the scenarios given. Discussion will then take place. Pass/Fail method of self-grading utilized. Question and Answer Period.