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In Michigan, under what circumstances can a nurse who administers a medication causing an allergic reaction be found negligent?

Negligence as defined by Chitty & Black (2011) is when a medical profession (nurse or physician) fails to act as a reasonably prudent professional would have acted under the same circumstances. When referring to negligence and malpractice the question usually falls to whether or not the code or standard of care was followed. In Chapter 4 of Chitty & Black (2011) there is a category that relays the six major categories of negligence that result in malpractice lawsuits and several of these categories apply to when a nurse can be found negligent when administering a medication that causes an allergic reaction. First is a failure to communicate, a nurse must communicate what medication is being given and listen to the patient to address comments or concerns. A nurse must also communicate with a physician if a medication is ordered that the patient has a known allergy or sensitivity to. Second, a failure to document or note in a patients medical record, if you complete an admission and question medical allergies but fail to document such allergies you are negligent. Thirdly, failure to assess and monitor a patient after giving a new medication can result in negligence. If you give a new drug and fail to follow up on response and patient condition you could be negligent. Prior to the administration of any medication to a patient, it is the nurse who is administering the medications responsibility and duty to question the patient about any drug allergies. After giving a medication, it is the nurses responsibility to monitor the patient and assess for intended response, as well as possible adverse or allergic reactions to the medications. If a nurse fails to follow up and reassess a patient post medication administration, then he or she could be found guilty of negligence. I found it very difficult to navigate through Michigans Department of Licensing and Regulatory Affairs, Michigan Board of Nursing, or the State of Michigan web sites to find any information regarding Nursing Practice Acts or regulations. It became quite clear to me that there is not one definite place to look to quickly, accurately or easily find information regarding the laws in the state of Michigan with regard to the responsibilities of an RN.

Chitty, K.K., & Black B. P. (2011). Professional nursing: Concepts and challenges (6th ed.) Maryland Heights, MO: Saunders

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