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Massachusetts Nurse :: January/February
2005
How, when and where to report an incident affecting
patient safety
By Mary Crotty, RN, MBA, JD
MNA Nurse Researcher
 Many
nurses have found themselves in situations where patient safety
has been jeopardized, where a nurse's voiced concerns have fallen
on deaf management ears, or where there is a legal obligation for
a nurse to report a patient safety-related incident of which a
nurse becomes aware. Hospitals also have legal reporting requirements,
but it is often unclear to nurses whether hospitals have met their
legal reporting requirements.
The following information is intended to help nurses understand
what their legal obligations are and what resources are available
to assist them to protect their patients.
The Massachusetts Department of Public Health (DPH) has regulations
governing the reporting by hospitals of incidents affecting the
health and safety of patients. In addition, nurses themselves may
have a duty to report certain behaviors that they observe.
If you are unclear whether your hospital has fulfilled its duty
to report, please file again! In fact, the Division of Healthcare
Quality has recommended this to MNA.
How to report
- Contact the Division of Healthcare Quality
(DHQ), which is the DPH agency that handles quality concerns.
A report form which
can be used for this purpose is below; you may modify it as you
see fit; or
- Similarly, you may use the form below but report
anonymously; or
- Contact your labor representative at the MNA,
who will work with Mary Crotty, RN, JD, associate director of
nursing, to file
a complaint with DHQ; or
- Contact Mary Crotty to follow up with your
labor representative.
Call, during normal weekday business hours, the
DPH intake staff in the Division of Healthcare Quality at 617.753.8150.
After
hours emergency callers may contact DHQ at 617.522.3700.
Mail reports to Department of Public Health, Division
of Health Care Quality, Intake Unit, 10 West Street, Fifth Floor,
Boston,
Massachusetts 02111.
Note: Paul Dreyer is Director of DHQ. Phone 617.753.8000.
What to report
DPH regulations require that hospitals report fire, suicide, serious
criminal acts, pending or actual strike, serious physical injury
resulting from accidents or unknown causes, and other incidents
that seriously affect the health and safety of patients.
MDPH definitions
- "Serious injury" means injury that is life
threatening, results in death, or requires a patient to undergo
significant diagnostic
or treatment measures.
- "Accidents" include falls, burns, electrocutions,
and other misadventures not related to patient treatment.
- "Other serious incidents that seriously affect the health
and safety of patients" means incidents that result in serious
injury. These include, but are not limited to: poisonings occurring
within the facility; reportable infectious disease outbreaks; equipment
malfunction or user errors; medication errors; and other incidents
resulting in serious injury not anticipated in the normal course
of events.
The list below from DPH gives examples as to which incidents are
reportable to them.
'Reportable' and 'non-reportable'
- Medication errors including, major I.V. therapy
errors such as wrong rate or route, with serious complications
(e.g., resulting
in death, paralysis, coma, or permanent injury)
- Burns (e.g., hot liquids, equipment, hot packs)
- Slips or falls occurring within the facility
that result in serious head injury, coma or permanent injury;
or requiring significant
additional therapeutic intervention or extended hospitalization.
- Major biomedical device or other equipment
failure resulting in serious injury or having potential for serious
injury to a patient,
visitor, or employee. This would include user errors, as well as
those device failures that must be reported to the U.S Food and
Drug Administration pursuant to the Safe Medical Device Act.
- Surgical errors involving the wrong patient,
the wrong side of the body, the wrong organ or the retention
of a foreign object
(e.g., sponge or clamp)
- Blood transfusion errors (e.g., wrong type
of blood, outdated blood, blood not given when ordered, given
to wrong patient, HIV
sero-positive transfusion) with potential serious complications
(Does not alter requirement for reporting under 105 CMR 135.000)
- Poisonings occurring within the facility
- Infectious disease outbreaks
- Criminal acts or allegations of abuse within
the facility that result in serious harm (physical or mental)
to a patient
- Fire
- Pending or actual staff strikes
- Supplier strikes that may seriously affect
patient services
- Any maternal death within 90 days of delivery
or termination of pregnancy
- Death of a patient by suicide
- Discharge of an infant to the wrong family.
- Presentation of an infant to the wrong mother
for breast-feeding.
- Serious physical injury resulting from accident
or unknown cause
"Non-Reportable Incidents" are adverse outcomes directly related
to the natural course of a patient's illness or underlying condition.
Other non-reportable incidents include, but are not limited to:
- Medication errors that do not result in serious
complications or diminish the therapeutic value of the medication
(e.g., medication
given early or late, missed dose)
- Minor reaction to medication or blood transfusion
where reactions are controlled with minimum amounts of medication
or palliative
therapy
- Minor bio-medical device failure or damage
resulting in no injury to patient, visitor, or employee
- Patient refuses treatment or procedure or leaves
against medical advice
- Incorrect, needle, sponge, or instrument count
corrected before surgical procedure is terminated
- Dietary problems that do not affect the patient's
status (e.g., food allergy)
- Treatment or procedure error with no residual
effect (e.g., routine X-ray or lab test performed without order,
or results posted
late)
- Surgical procedure error with no residual effect,
e.g., which does not require a patient to undergo significant
additional diagnostic
or treatment measures
- Slips or falls resulting in minor injury
- Minor injuries of unknown origin
Nurse's duty to report
A nurse is required to report to the Massachusetts Board of Nursing
if he or she directly observes another nurse engaged in any of
the following:
(a) abuse of a patient; (b) practice of nursing while impaired
by substance abuse; (c) diversion of controlled substances.
Any such report, by law, must be submitted honestly and in good
faith.
Other statutory requirements
The Massachusetts Code of Conduct for Nurses also contains a number
of other mandatory reporting and other requirements for nurses.
244 CMR 9.03(6) Compliance with Laws and Regulations Related to
Nursing.
(a) A nurse who holds a valid license shall comply
with M.G.L. c. 112, §§ 74 through 81C, as well as with any other
laws and regulations related to licensure and practice. Examples
of such laws include,
but are not limited to, the following:
- obligation to report elder abuse disabled persons
- report of death to medical examiner
- Controlled Substances Act — requirement for
possessing, dispensing, administering and prescribing controlled
substances.
- obligation to report abuse of patient or resident
- obligation to report infant with swollen, red,
or inflamed eye(s) or with unnatural discharge within two weeks
after birth
- obligation to report examination or treatment
of child with Reyes syndrome
- obligation to report lead poisoning
- obligation to report child abuse
Feel free to contact Mary Crotty, associate director of nursing
at the MNA, for more information about this process:
Mary Crotty, RN, MBA, JD
Associate Director of Nursing
Massachusetts Nurses Association
340 Turnpike Street
Canton, MA 02021
Phone: 781.830.5743
Email: mcrotty@mnarn.org
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