The physician orders penicillin for a patient with streptococcal pharyngitis. The nurse administers the drug as ordered, and the patient has an allergic reaction. The nurse checks the medication order sheet and finds that the patient is allergic to penicillin. Legal responsibility for the error is:
A. Only the nurse’s—she should have checked the allergies before administering the medication.
B. Only the physician’s—she gave the order, the nurse is obligated to follow it.
C. Only the pharmacist’s—he should alert the floor to possible allergic reactions.
D. The pharmacist, physician, and nurse are all liable for the mistake.
Correct Answer: D. The pharmacist, physician, and nurse are all liable for the mistake.
The physician, nurse, and pharmacist all are licensed professionals and share responsibility for errors. The legal response to medical errors that do gain legal consideration is typically dominated by one or more of three goals: compensation, accountability, and retribution. These each feature, with greater or lesser emphasis, in different national, legal, and regulatory regimes
Option A: The legal response to a serious accident is usually prolonged and expensive so it is important that it actually promotes future safety. In a criminal prosecution, the emphasis is placed on establishing the culpability or otherwise of an individual, and inquiry into the underlying causes of an event is often inhibited by the strict rules of the process.
Option B: The legal response to error significantly depends on the outcome. Many drug errors are made in healthcare, but only those in which harm results tend to be punished. Punishment is imposed if there are consequences rather than because of any inherent culpability underlying error.
Option C: The legal response tends to be proportionate to the actual consequences of the error, rather than to potential consequences or the moral culpability involved.