Litigation Stress in Nurses

Litigation Stress in Nurses; a Literature Review and Survey

Chris Rokosh, RN, PNC(C)

March 1st, 2007

 

Recognition of nursing as a profession has expanded our areas of nursing practice, bringing both privilege and responsibility. Increased responsibility has, ironically, contributed to an increased exposure to medical malpractice litigation; a ‘privilege’ formerly reserved mostly for doctors. Nursing involvement as defendants in litigation is on the rise and maternal/child health remains one of the 'big risk, big money' areas of medical malpractice. While the statistical risk and the workplace issues that lead to nursing litigation have been clearly identified, no formal research has been conducted into the nursing response to litigation. Few nurses, or their employers, are aware of the effects that litigation has on nurses in the workplace, on their personal lives, how to best support nurses through the experience or how litigation changes nursing practice. There are very few programs in place to educate and support nurses through the mental and physical stressors associated with malpractice litigation. This presentation defines and examines nursing litigation stress through a literature search, interviews and personal experience. Findings include that litigation stress is significant - comparable to the stress that accompanies any catastrophic life event - and results in physical, mental and workplace difficulties.  Nurses experience stress that is similar, but different, to the litigation stress experienced by physicians. The stress sometimes begins on the day of the adverse event and lasts long after the settlement or trial is over.  Nurses feel uneducated, unprepared and poorly supported through all stages of the litigation process.  The experience changes nursing practice and sometimes results in nurses leaving the nursing profession. Nurses want more education and information on litigation, its' associated stress and want more support from their peers and employers during the litigation process.  Research and teaching opportunities are identified for nursing and hospital educators as well as the lawyers who defend nurses in court.