Some
thoughts from my humble legal education/position. .. I see this as
something that can not be determined abstractly.
Please
realize that modifying a product could lead to transfer of liability
from the manufacturer to the person modifying the product... but I would never
be able to make an evaluaiton of an adverse outcome with out more facts....
Investigation would have to carefully identify that
any harm was absoutely related to the product modification by a
particular person. ...and then a plaintiff lawyer would have to show proof
that was the actual cause of the harm. A defense lawyer will argue
to show other contributory facts... which the jury or judge will consider in
determining the outcome of the case
Saying
that does not address a circumstance when a nurse makes a modification based on
a particular need... more would need to be learned of the situation/
incident...
Many
factors are considered in making the legal evaluaion ( including standards of
care, training ( general / nursing / iV specific and for use of the product
) plus the reason / situation of why the person felt the
need to make a product modification and how easy was it to modify the
product.
There
is no short answer... If there has been a law suit specifically noting
the harm due to removal of a clamp, there may be some guidance in any
reports of the case..but like LYNN I have no knowledge of such a case...
(does not negate that it may have happend) and since 90+ % of law
suits are settled - most often confidentially- it is hard to identfy
a case on this particular issue...
If you
wish more info...try a web search on Product Liability Case Law /
Ann
Zonderman, JD, BSN, CRNI, LHRM
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]On Behalf Of Lynn Hadaway
Sent: Sunday, January 29, 2006 10:16 AM
To: [EMAIL PROTECTED]; Dee Gary; [EMAIL PROTECTED]; [EMAIL PROTECTED]
Subject: Re: Positive Pressure Caps & Opened Ended PICC LinesWell, I don't think I am qualified to provide true legal commentary because I am not a lawyer. I have never had a case with facts even remotely related to a scenario where removed clamps have caused some serious outcome. However, I do have a case where the tubing was not adequately secured to a hemodialysis catheter and the patient exsanguinated and died. This was a very large catheter though. The clamps would be for the purpose of minimizing the risk of air embolus or exsanguination. I suppose it would be possible for a lawyer to argue that one of these events occurred because the clamp had been removed and the injection cap was not properly attached. But both of these actions would be required before the event could happen. A properly capped lumen would not be open to allow air or blood into or out of the lumen. If the cap was not adequately secured and there was no clamp, air could get in or bleeding could occur. But this could also occur if the administration tubing and/or injection cap came apart during an infusion. In this scenario the presence or absence of a clamp would not be the issue as it could not be used during an infusion. Hope you follow my thinking on this, LynnAt 2:27 PM +0000 1/29/06, [EMAIL PROTECTED] wrote:I know the answer to this question but would like some Legal commentary on PICC Nurses who "remove" the clamps to protect the patient and their PICC from staff who flush and clamp "incorrectly" resulting in costly and time consuming complications--
Robbin K. George RN
Vascular Access Resource
Alexandria Hospital Virginia
-------------- Original message --------------
From: "Dee Gary" <[EMAIL PROTECTED]>Thank you Lynn, that is what I suspected!!!Dee
Lynn Hadaway <[EMAIL PROTECTED]> wrote:
It sounds to me like this rep is using unnecessary scare tactics to sell his product. However, there are many hospitals that prefer to have the catheter extension leg clamped during periods between infusions. When using a positive displacement needleless connector, clamping immediately will prevent the internal mechanism from working properly. In other words, the fluid held in the connector reservoir will not inject the refluxed blood out of the catheter lumen because the clamp is closed. The answer to this is to teach your nurses to wait a little bit of time after flushing and before clamping. This allows time for the positive fluid displacement to occur and then the catheter can be clamped. LynnAt 6:04 AM -0800 1/28/06, Dee Gary wrote:
I have a question for both groups:
A medical device sales rep has been telling us that using positive pressure caps (i.e. CLC 2000, Ultrasite, etc.) with open ended PICC lines, which have clamps on the extension legs, are a safety concern. He states that if a nurse forgets to clamp the extension leg, and the positive pressure cap comes off, then a bleed out situation could occur and this is a safety concern.
Can anyone that has had experience using positive pressure caps with open ended PICC lines please validate what we are being told?
Thank you very much!
Dee
Do you Yahoo!?
With a free 1 GB, there's more in store with Yahoo! Mail.--Lynn Hadaway, M.Ed., RNC, CRNI
Lynn Hadaway Associates, Inc.
126 Main Street, PO Box 10
Milner, GA 30257
http://www.hadawayassociates.com
office 770-358-7861
Bring words and photos together (easily) with
PhotoMail - it's free and works with Yahoo! Mail.
Lynn Hadaway Associates, Inc.
126 Main Street, PO Box 10
Milner, GA 30257
http://www.hadawayassociates.com
office 770-358-7861
************************************************************* The information contained in this E-mail transmission is intended only for the use of the individual or entity to whom it is addressed. It may contain privileged, confidential, and protected health information. If you received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then please delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. To do so could violate state and Federal privacy laws. Thank you for your cooperation. Please contact the sender if you need assistance. |
