| At some point during their career, registered nurses (RNs) may find themselves involved in malpractice litigation. The trend over the past five years shows malpractice litigation has been slowly declining in Canada, yet the number of cases initiated annually is substantial. Registered nurses who care for patients who later sue for damages are often called to testify at the trial, even if their own nursing care is not an issue in the lawsuit. A qualitative study was undertaken, using interpretative phenomenology, to explore the lived experiences of RNs who have been involved in malpractice litigation, with a particular focus on the meaning this has for them. The personal stories of eight study participants are described to explicate their experience of being involved in malpractice litigation. The overall essence of their experiences is that it created a change in the way these RNs practice today. Four overarching themes describe the conditions which influenced this change, including: Nurses in Legal Proceedings; Personal Tensions; Situating Malpractice in One's Work and Personal Life; and Transcending Adversity. The research findings contribute to new nursing knowledge in regards to notable gaps identified in the literature, by explicating the meaning of the lived experiences of RNs involved in malpractice litigation and by describing this phenomenon in the context of the Canadian healthcare and legal systems. This study has implications and recommendations for nursing in regards to practice, education, research and administration. Specifically, these include emphasis on communication and documentation practices; continuing education on the legal aspects of nursing, clinical documentation and nursing standards; new questions such as the impact of disclosure on litigation and patient experiences with litigation; and advice to managers, legal counselors and insurers for supporting nurses involved in litigation and the need for organizational policies related to quality reviews and debriefing after adverse events. |
