Nurse practitioners, medical negligence and crime: A case study

Abstract

Background: Medical negligence litigation has become a worldwide concern, but the topic of nurse practitioner negligence has been neglected in Taiwan. Purpose: The main purpose of this study is to examine how medical negligence is being committed through a study of the factors contributing to the medical negligence of a specific defendant nurse practitioner (NP). Methods: A case study design was used to achieve the research objectives. Taiwan Kaohsiung District Court Criminal Judgment Yi-Su-Zi No. 2 (2012) was selected as the study case. Results: Eight failures in patient care contributed to the medical negligence of the defendant NP, who failed to effectively communicate with on-duty nursing staff, promptly inform the designated physician about the patient deterioration, monitor for patient’s deteriorating condition; implement interventions in a timely manner, appropriately evaluate the patient, follow facility procedures, implement routine work responsibly, and administer medications appropriately. The actions of the defendant NP violated the duty of care and this medical negligence caused the patient’s death. Under Taiwanese law, this case represents a violation of Criminal Law Article 14 and Nursing Personnel Act Article 26, and the defendant NP was convicted. Conclusions: The findings can assist NPs in understanding their legal responsibilities and motivate them to proactively reduce the risk of medical negligence, thereby ensuring quality improvement and patient safety.