Category Archives: Legal

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PATIENT ADVOCACY IS AN ETHICAL AND LEGAL DUTY

The Code of Ethics for Nurses With Interpretive Statement clearly states in Provision 3 that a nurse “promotes, advocates for, and [...]

AVOIDING PROFESSIONAL LIABILITY BULLETIN AUGUST 1, 2016: EXPERT WITNESS AFFIDAVITS MUST CONTAIN SPECIFIC FACTS EITHER SUPPORTING OR NOT SUPPORTING STANDARD OF CARE

In Griffin v. Methodist Hospital 1, a patient’s lengthy stay in the hospital for numerous fatal medical conditions resulted in the [...]

Avoiding Professional Liability Bulletin July 1, 2016 – WHAT IS THIS THING CALLED LAW? AND WHAT DO LAWYERS DO?

For much of the public, including nurses, the law seems to be strange, complex, and incomprehensible. Lawyers are Not seen in the best [...]

WHAT ARE THE DEFENSES TO ALLEGATIONS OF ASSAULT AND BATTERY?

When a patient alleges that you committed an assault or a battery against him or her, you would probably be fearful that you have few [...]

WHO CAN TESTIFY AS TO THE STANDARD OF CARE OF A NURSE PRACTITIONER?

In a very early bulletin, I discussed the standard of care of a registered nurse and who could testify as to that standard. You may [...]

WHO CAN GIVE INFORMED CONSENT AND WHAT IS THE NURSE’S ROLE IN OBTAINING CONSENT FOR TREATMENT?

Nurses are often confused as to what their role is when obtaining consent for treatment. In most employment settings, the employer has [...]

HOW DOES CONTRACT LAW AFFECT NURSES?

Contract law involves promises, either current or in the future, that are enforceable or otherwise recognizable at law. 1 Contract law [...]

WHAT DOES IT MEAN TO “TESTIFY UNDER OATH?”

If you have ever given a deposition, either as a witness or as a named party, in any type of legal proceeding, sworn to an affidavit, [...]

WHICH IS IT: ASSAULT OR BATTERY?

The words “assault” and “battery” are often used and often interchanged. However, in the eyes of the law, the two are very different. [...]

HOW DO I UNDERSTAND A LEGAL CITATION?

In many of the bulletins, I have presented a case and its legal citation for your review. You may have asked “How can I understand [...]

DEFENSES TO A PROFESSIONAL NEGLIGENCE SUIT

The statute of limitations, discussed in an earlier bulletin, is one of the defenses to a professional negligence action. A second, [...]

I JUST GOT A SUBPOENA. WHAT IS IT?

If you have been required to either go to court to testify as a witness in an on-going professional negligence suit, or you have been [...]

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