EP 48: Ascension Hospital / Liability in the Event of a Cyber Attack

This episode discusses alleged allegations that may not be confirmed at this time. In this episode, Nurse Jessica and Nurse Erica are joined by legal nurse consultant Matthew Garvey to discuss the recent cyber attack on Ascension Healthcare. The goal of this episode is to provide information and education for the frontline staff affected. They discuss the lack of preparedness by Ascension for such attacks and the potential liability that nurses may face. Board of Nursing liability still applies during a crisis, and nurses are accountable to the board's standards of practice. Suggested documentation should include a statement about practicing during the ransomware attack. Nurses should continue to enter incidents into the reporting system, despite any alleged discouragement. Lack of preparedness, such as not having sufficient downtime forms, binders or racks for paper documentation, is unacceptable and should be addressed by nurse leaders. There is a focus on the challenges of paper charting during a cyber attack and the lack of support from leadership. They also highlight the issue of managers not supporting staff during a crisis and the potential violation of their responsibilities. The incident command center is mentioned as a crucial resource that should be activated to provide support and guidance during emergencies. It emphasizes the need for clear and consistent messaging to build trust among healthcare workers. The discussion also touches on the ethical and legal considerations of informing patients about delays due to downtime. The lack of a bed board patient tracking system and the use of paper MARs are identified as major challenges during the cyber attack. The conversation concludes with advice to the frontline healthcare workers. Matthew P. Garvey DNP, MBA, RN, EMT-B, CCRN, CEN, TCRN: https://www.garveyces.com/ Help Us Keep This Podcast going and become an official Patron of Nurses Uncorked! Gain early access to episodes, patron only bonus episodes, giveaways and earn the title of becoming either a wine cork, wine bottle or Grand Preserve for exclusive benefits! https://patron.podbean.com/nursesuncorkedpodcast Chapters 00:00 Introduction and Guest Introduction 03:50 Cocktail of the Week 05:05 Background on Ascension Hospital Cyber Attack 09:25 Lack of Preparedness by Ascension and Other Healthcare Organizations 16:41 Epic Electronic Medical Record Part in a Cyber Attack 19:50 Civil Liability vs. Board Action 26:25 Responsibilities to the Board of Nursing 27:44 Malpractice Liability Insurance 28:54 Med Errors/Pyxis Down 33:22 What to Document 35:59 Criminal Prosecution for Unintentional Errors 38:46 Incident Reporting 41:11 Erica's Dictionary Word of the Week 42:01 Paper Charting and Unit Preparedness 51:50 Provider Orders Without Order Sets 53:55 The Impact of Managers Going on Vacation During Crisis 1:02:15 The Importance of Incident Command Centers 1:07:35 EMTALA: Ethical and Legal Considerations During Cyberattack 1:12:38 Patient Tracking Systems During Cyberattack 1:15:54 Reporting Sentinel Events and Holding Leaders Accountable 1:22:24 Enema Award of the Week Cocktail of the Week: Vodka Cranberry Cranberry juice 2/3 up to 1/3 Vodka (to taste) Pour over ice and enjoy! 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