Nurse Injects the Wrong Medicine - Philippines

Question: What Will Happen if a Nurse Injects the Wrong Medicine to a Patient That Causes Death, When Only Following a Doctor's Instructions?

Answer:

1. Medical Malpractice and Negligence:

   • Both the nurse and the doctor may be held liable for medical malpractice or negligence. In the Philippines, the Medical Act of 1959, the Civil Code, and sometimes the Revised Penal Code could govern such scenarios.

2. Criminal Liability:

   • Depending on the facts of the case, criminal charges may be filed against the nurse, especially if the act is found to be reckless. Reckless imprudence resulting in homicide is a possibility under the Revised Penal Code.

3. Professional Regulation:

   • The nurse could also face sanctions from the Professional Regulation Commission (PRC), which may include suspension or revocation of the nursing license.

4. Hospital Liability:

   • Hospitals may also share in the liability, particularly if the institutional policies or lack of training contributed to the error.

5. Civil Damages:

   • The family of the deceased patient may file a civil suit for damages against the nurse, the doctor, and possibly the hospital.

6. Insurance:

   • Malpractice insurance may cover the costs associated with legal proceedings and damages, although this doesn't exempt the nurse from personal liability or professional sanctions.

7. Doctrine of Respondeat Superior:

   • If the nurse was acting under the doctor’s instructions, the doctor could also be held liable under this doctrine, which holds an employer (in this case, the doctor) responsible for the actions of their employee (the nurse) performed in the course of employment.

8. Defenses:

   • If protocols were followed and the error was a result of a systemic failure or misleading information, the nurse might have some defenses. Legal representation is

   crucial in such cases.

9. Summary:

   • Injecting the wrong medication that results in a patient’s death can lead to severe legal consequences for the nurse, the doctor, and possibly the hospital. Criminal, civil, and administrative proceedings could all be outcomes.

Consult with a legal expert for advice tailored to the specific circumstances of the case. Laws and regulations can be complex and may require professional interpretation.