25 Jul Nursing Malpractice Suit Discussion

I’m working on a nursing question and need guidance to help me learn.

A patient, Josette, is told by the surgeon and by the nurse that the insertion of a medical monitor in her upper chest will only require local anesthesia. Haley, the nurse, repeated that it would “just be a local” because that is what the surgeon said. The monitor was to be placed just beneath the skin, on the left side of the chest. Its purpose was to monitor the heart.

Josette is taken to the cardiac center, where she is given general anesthesia. She is surprised to awaken later, because she thought she would not be “put under.” Her son, Miguel, is furious because he is concerned that giving her general anesthesia was an additional unnecessary risk. Josette has pulmonary fibrosis. “You could have died!” exclaims Miguel when he hears from Josette that she had general anesthesia. “I am so mad at that nurse, Haley! She told us it would just be a general.”

The bandage covers the area where the monitor was inserted. Miguel and Josette learn about the external receiving part of the monitor that is positioned by Josette’s bed. In a few weeks, Josette is transported back to the cardiac center for a nurse visit to check the surgical wound, which is healing.

Does Josette have legal grounds for a malpractice suit?

Is Haley liable for malpractice?

How could Haley have avoided incurring anger from Miguel and Josette?