Nurse Acquitted in Medical Error Lawsuit
The nurse who was sued and sentenced to pay over 16 thousand euros for failing to administer an antibiotic to a patient post-operatively has been acquitted by the Court of Auditors, the Accounting Prosecutor’s Office of Umbria. The lawsuit was filed by the Umbria 1 local health authority as compensation for the damage resulting from a medical error.
Failure to Administer Non-Prescribed Drug Not Attributable
Despite the initial ruling against the nurse, investigations revealed that there was no trace of the medical prescription in the clinical documentation. The case stemmed from reconstructive aesthetic surgery to correct unsightly scarring from a road accident, where the failure to administer the antibiotic led to an infection.
The court justified the nurse’s acquittal by stating that the failure to administer a non-prescribed antibiotic could not be solely blamed on her, as prescribing drugs falls within the doctor’s jurisdiction. While the nurse should have been aware of the lack of a prescription, it was not her responsibility to provide or administer the medication.
The judges acknowledged that the nurse followed established safety procedures and checklists diligently during the perioperative period, demonstrating her commitment to patient safety. Although she was not exempt from fault, the court ruled that she did not bear primary responsibility for the medical error.
Ultimately, the acquittal highlights the importance of clear communication and accountability within healthcare teams to prevent similar incidents in the future.
Tags : Medical Error, Nurse Lawsuit, Court of Auditors, Patient Safety, Medical Malpractice