from a compensation pov there’s no point suing an individual who lets face it as a nurse, midwife or doctor is not going to be able to pay much.
you could argue well it’s a deterrent for poor practice but how can you prove what caused an individual’s poor practice? Were they lazy, negligent or did they have an unmanageable workload? What contributed to the error.
As a midwife I once made a medication error. I gave a woman propess for an induction who’d had a previous lscs. Which is a contradiction. She had been seen in clinic, booked for induction and the medication prescribed. Induction women came in every morning and one midwife looked after them all (5 women), their arrival times were staggered 15 mins apart. Previously it had been an hour gap. When it moved to 15 mins I flagged it as a risk and was told to stop moaning. There is so much to do, show the women where stuff is on the ward, answer questions, explain the process, do a full antenatal check, start a ctg, check the ctg, 30 mins later give propess, then start the post propess ctg, check that ctg, document. The idea was to keep the ward running smoothly you’d run from one to the next, you couldn’t finish one woman completely before starting the next. By the time you’d done the antenatal check on the first woman, the second and maybe the third had turned up. I’d checked the drug was prescribed and gave it. I had no idea she’d previously had a lscs because I didn’t have time to go through her notes and to be honest it never crossed my mind to check for this anyway as a doctor surely wouldn’t have prescribed it if she shouldn’t have it!
I was newly qualified then and learnt a lesson for sure. But the pressure of that system was awful and made mistakes more likely. Luckily everything was fine but if it hadn’t been should I have been sued? When the position I was put in contributed to it?
I think a lot of staff would leave if it was thought that individual employees could be sued. We could as things stand be charged with manslaughter if things go really wrong. I’ve heard of this happening with some nurses who didn’t check a patients glucose levels frequently enough.