Healthcare Facility Liable For Student Nurse Error: Court of Appeals of Ohio, 1996
Healthcare Facility Liable For Student Nurse Error: Court of Appeals of Ohio, 1996
Healthcare Facility Liable For Student Nurse Error: Court of Appeals of Ohio, 1996
urse Practice Acts (NPAs) are laws in each state that are instrumental in defining the scope of nursing
practice. State boards of nursing oversee this statutory law. They have the responsibility and authority
to protect the public by determining who is competent to practice nursing. Common Law is derived
from principles or social mores rather than from rules and regulations. It consists of broad, interpretive
principles based on reason, traditional justice and common sense. Together, the NPAs and Common
Law define nursing practice.
It is a nurse's responsibility to be informed on both the NPA and Common Law for the state(s) in which
they are licensed to practice. It is critical for students and nurses need to be aware of the legal issues
pertaining to the profession. Familiarity with the law and relevant court rulings helps in understanding
the scope of practice and responsibilities that come with being a licensed caregiver, as well as providing
insight on how to prevent legal problems before they happen.
Read up on the NPA for your state - know your responsibilities and limitations. You may also want to
subscribe to professional nursing journals to stay abreast of the latest court rulings. Here are a couple of
case studies provided by Legal Eagle Eye Newsletter for the Nursing Profession, a monthly journal
covering court cases, rulings and legislation pertaining to the nursing profession:
QUICK SUMMARY: A nursing student's negligence resulted in the fall and injury of patient during
transfer. A nursing student at this student’s level had the training and should have been able to care for
this patient. The student nurse testified she had received training to assist patients with ambulation and
transfer. The nursing student’s preceptor testified the patient needed someone close with her at a safe
distance at all times to ambulate. The healthcare facility was held to the same legal standard of care for a
student nurse’s error or omission as for the same error or omission by a licensed professional nurse.
According to the Court of Appeals of Ohio, the student nurse had read the patient’s chart and knew the
patient had weakness and an unsteady gait. Nonetheless, the student nurse helped her up from the
commode, then walked away and left the patient standing with her walker in the bathroom, while the
student nurse propped the door hinge open and adjusted her wheelchair, expecting the patient to walk to
the wheelchair on her own to transfer with assistance. The patient took a step forward, fell backward and
was injured.
The court ruled a healthcare facility will be held to the same legal standard of care for a student nurse’s
error or omission as for the same error or omission by a licensed professional nurse. There was also
testimony from a nursing instructor, that a nursing student at this student’s level should have known, the
same as a graduate nurse, to stay close by this patient when standing or walking with a walker. Failing to
give proper close attention to a patient’s need for assistance while ambulating is negligence, for which a
healthcare facility can be held liable.
A home health client sued her home health agency because a hip decubitus wound site she sustained in
the hospital took a year longer to heal than it should have. Healing apparently was delayed by old gauze
embedded in the wound, found there by a surgeon who operated on the wound when it failed to heal and
instead worsened. The judge believed the home health aides had been changing the outer dressing, but
they did not understand the rationale for sterile packing and re-packing of a deep wound and had left the
original gauze in the wound the entire time.
The nursing agency tried to defend the lawsuit by claiming its nurses had shown the aides how to re-pack
the wound with sterile gauze and replace the outer bandages, and had taught the patient how to do it
herself. The jury sided with the home health nursing agency and found no nursing negligence. The
patient, however, insisted her physician had a reason for ordering skilled nursing care and insisted she
was entitled to skilled nursing care. The judge agreed with her and threw out the jury's verdict, awarding
the patient more than $100,000 from the nursing agency. The Court of Appeals of Louisiana upheld the
judge's decision to disregard the jury and award the patient damages against the nursing agency
notwithstanding the jury's verdict.
A nurse testified as an expert witness for the patient that nurses do not have the option to change the
physician's orders on their own. The court accepted the nurse as an expert on the nursing standard of
care. The court ruled if the physician orders specific skilled nursing care, it means those specific nursing
functions are to be performed by skilled nurses with their own hands, or by non-licensed persons with
direct supervision by licensed professional nurses.
There was no documentation that licensed nurses ever performed the re-packing procedure or witnessed
non-licensed persons doing it. The aides signed off that they had performed wound care, but there was
no documentation of what exactly they did. The judge interpreted it to mean they only changed the outer
dressing, which would be wholly inappropriate care.
Singleton vs. AAA Home Health, Inc.,
772 So. 2d 346 (La. App., 2000).
Emergency Room Assessment: Hospital Liable for
Nurse's False Assurances that Infant Would Be Okay
QUICK SUMMARY: A nurse cannot reassure parents their infant will be all right without fully assessing
the child’s condition and obtaining a physician’s examination. Based on the nurse’s reassurances, the
parents did not wait to see the physician, and the child died. The hospital was ordered to pay nearly two
million dollars for negligence.
From the court record in the Court of Appeals of Georgia, it appeared that a struggle developed in the
emergency room between the parents, who were highly agitated and insistent that their child be seen by a
physician immediately, and the triage nurse on duty, who was intent on insisting that the parents fill out
certain forms.
According to the court, the triage nurse made a cursory examination of the baby. She then repeatedly
reassured the parents the baby
was fine, apparently to calm the parents and
Old Nursing law
Nursing Profession
- Process of constant change
- Etymological perspective it comes
Nursing
- Art, a science and a social science
- Being an art, deals with skills that
NURSING PROCESS
- Use nurse process as a tool in nursing
practice
CHARACTERIZED AS:
a. Way of thing as a nurse
b. Framework of interrelated activities
to patient
NURSING CARE PLAN
a. Assessment
b. Diagnosis
c. Planning
d. Implementation
e. Evaluation
NURSING AND ITS ORIGIN
- Part of human civilization since time
immemorial
- Origin: primeval mother who cared for
the sick in her family during the
primitive times
stop their demanding behaviors. The nurse then classified the baby as semi-urgent under the hospital’s
classification scheme, which meant the baby would require medical intervention within eight hours, but did
not have an immediately life-threatening problem. The nurse told the parents to wait, and the physician
would be with them shortly.
The parents, however, based on the nurse’s reassurances concerning their child’s condition, within a few
minutes elected to get up and leave, without waiting for the child to be seen by the emergency room
physician. The baby died several hours later.
The court faulted the triage nurse in several respects. She did not take a complete history and did not
correctly assess the gravity and immediacy of the baby’s condition. The nurse did not bring the baby to
the physician’s immediate attention, as she should have. Most importantly, the nurse, in an apparent
effort to control and defuse the parent’s demanding behaviors, had falsely reassured the parents the baby
was all right and was not in need of immediate medical attention. The court blamed the parents’ leaving
the hospital on the nurse’s false reassurances and held the hospital liable for payment of substantial legal
damages for the nurse’s actions. The parents were not to blame for leaving against medical advice.
South Fulton Medical Center, Inc. vs. Poe, 480 S.E. 2d 40 (Ga. App, 1996.)
About Legal Eagle Eye Newsletter for the Nursing Profession
Legal Eagle Eye Newsletter for the Nursing Profession was started in 1992 and has been published
monthly ever since. Each month, the newsletter spotlights the latest U.S. court decisions and new Federal
regulations affecting hospitals, skilled nursing facilities, extended care nursing centers and home health
agencies.The goal of the Legal Eagle Eye Newsletter for the Nursing Profession is to reduce nurses’ fear
of the law and litigation. By highlighting the law that pertains directly to nursing, it gives nurses
confidence to act appropriately. The editor and publisher of Legal Eagle Eye Newsletter for the Nursing
Profession is nurse/attorney Kenneth Snyder. He has a Bachelor of Science in Nursing from the
University of Washington School of Nursing and a Juris Doctor from the University of Michigan School of
Law. He is currently licensed as a Registered Nurse and as an Attorney at Law in Seattle, Washington.
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- The government hospital and health facilities were forced to train Filipino women to become nurses
- Philippine Medical school December
10, 1907
- Philippine General Hospital School of
Nursing (1913)
- St. Luke’s hospital school of nursing
( 1903)
- St. Paul’s School of Nursing, Manila
( 1900)
- Mary Johnston Hospital School of
Nursing (1907)
- Ilo-ilo Mission Hospital Training School
of nurses ( 1906)
First Nursing Law
Page3 of14
government’s responsibility to
protect and improve the nursing
profession through the institution
of measures for the attainment and
improvement of the nursing
profession through the ff measures:
1. relevant nursing education
2. humane working conditions
3. better career prospects
4. dignified existence of the
Filipino nurse
b. state guarantee
•
government’s commitment to
deliver quality health care service
by providing adequate nursing
personnel through the country
NURSING EDUCATION
COLLEGE OF NURSING
a. Registered nurse in the Philippines
b. Have at least 1 year clinical practice in
a field of specialization
JURIS OUTLINE
Chapter 1- Overview
Nursing Profession
- Process of constant change
- Etymological perspective it comes
or nourish
Nursing
- Art, a science and a social science
- Being an art, deals with skills that
NURSING
a. Promote health
b. Prevent illness
c. Restore health and
d. To alleviate sufferings
- Noble goal to promote the harmonious
CHARACTERISTICS OF NURSING
a. Nursing is caring
b. Involves close, personal contact with
NURSING PROCESS
practice
CHARACTERIZED AS:
a. Way of thing as a nurse
b. Framework of interrelated activities
a. Assessment
b. Diagnosis
c. Planning
d. Implementation
e. Evaluation
immemorial
( present)
Page6 of14
= 50 periodicals
periodicals
c. If over 3,000= 1,000 periodicals
d. There must be an extensive Filipiniana
collection
LIBRARY QUARTERS
collection
b. Accessible to all
c. Attractive, safe and suitable space for
workroom
d. Offices and lounge
e. Size of library must be proportionate
to size of population
f. Adequately lighted
g. Properly ventilated
class hours
RESEARCH AND LABORATORY FACILITIES
laboratories
a. Adequate space
c. Hospital setting
given time
c. Community agencies
d. Outpatient clinics
to an agreement
occupancy of 80%
and cooperation
RLE
1. Conference room
2. Library
3. Comfort room
4. Dressing room
5. Lounge
6. Locker
ADMISSION REQUIREMENTS
Page8 of14
instructional resources
c. Nursing education
d. Nursing practice
services
PRBON
496
their appointment
of the Philippines
c. Registered nurse
practice of profession
President
government
Or subdivision or agency of
government
b. Not have any pecuniary interest / administrative supervision in any institution offering BSN including
review classes
of office
Page10 of14
hearing)
- Grounds:
incompetence
b. Commission or tolerance of
irregularities in the licensure
examination
c. Unprofessional, immoral or
dishonorable conduct
LICENSURE EXAM
- PRC will determine
- Twice a year
December
c. Conduct more than 1 licensure exams in a year, provided at least one should be held on weekdays
the law
e. Preserve integrity of the exams
f. Publish the results
g. Provide schools copies of sample test
questions on examinations recently
conducted
application
a. Filipino citizen
RECIPROCITY clause
g. Good moral character
h. BSN in a college or university
recognized
What to bring :
identity
a. Personal appearance by the applicant
b. Possess all documents
CHED
female applicants
6. Others documents
SCOPE OF EXAMINATION
- Areas
a. Nursing care of individuals , families , communities etc in accordance with 4 major nursing goals
skills
problems
management
f. Microbiology
Page11 of14
Ratings
- 75% passing mark with a rating not
below 60% in any subject
h. estafa
i. extortion
j. fabrication or evidence
k. foregery
l. libel
m. murder
n. perjury
o. seduction under promise of marriage
cert of registration
a. causes mentioned in Sec 22
b. unprofessional and unethical conduct
c. gross incompetence or serious
ignorance
d. malpractice or negligence in the
practice of nursing
Nursing practice
a. perform nursing services
•
singly or collaboratively
•
individuals, families , communities
in any health care setting
b. nursing care
c. nursing action as independent
practitioners
d. collaborative work with other health
care professional
Page12 of14
duties of nurses
nursing process
resources
d. consultation services
Inactive nurses
CONSECUTIVE years
delivery
c. intravenous therapy
NSCC
Specialty
a. community health nursing specialty
b. medical surgical nursing specialty
c. mother and child nursing specialty
d. mental health
expiration
medications
this
a. Practicing nursing :
another
3. Uses invalid or revoked or
suspended card
RN or BSN
Page13 of14
b. Any person, chief executive officer of a
juridical entity violating the RA
Enforcement of RA 9173
- PRC and PRBON
- You can request for assistance from
supervisor
c. Nurse instructor II
d. Regional training nurse
e. Regional nurse supervisor / regional
NURSING ADMINISTRATOR
a. Registered nurse
b. Masters degree in nursing
administration
c. 5 years nursing supervisory or
administrative position
•
Standards performance in
planning, budgeting , organizing
etc
Functions of administrator
a. Planning / budgeting
b. Organizing
c. Directing/ supervising
d. Controlling
Assistant nursing administrator
- Mandatory in hospitals
Nurse supervisor/ coordinator
a. Registered nurse
b. 9 units in graduate level
c. 3 year experience as a senior nurse /
head nurse
d. Personal qualities
e. Continuing appraisal
1. Planning
2. Implementing
3. Controlling
Page14 of14
b. Leadership
c. Confidence
d. Innovativeness and creativeness
e. Analysis and planning
Study RA 9173 provisions also