Legal Aspects Chapter 9
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16 terms
Terms | Definitions |
|---|---|
 Personal liability | Nurses are personally liable for own negligent acts; Need malpractice insurance |
| Collateral liability; Respondeat superior | Hospital liable for acts of negligence |
| Collateral liability; Borrowed servant | Nurse or other professional from registry, registry is liable for acts of negligence by nurse |
| Collateral liability; Captain of the ship doctrine | Physician of surgery is liable for negligent |
| Scope of Practice | To exceed the limits of one's professional knowledge violates state licensure provisions. Know exactly where limits are |
| Nursing diagnosis | Some states recognize a nurse can render nursing diagnosis case study: Cignetti v Camel; physician ignored nurses assessment of patient |
| CASE STUDY: Cignetti v Camel | Plaintiffs, Dorothy and Robert Cignetti, sought damages for injuries, respectively, arising out of the negligent treatment provided by defendant, an obstetrician-gynecologist, to Dorothy Cignetti during her pregnancy. Dorothy suffered a ruptured uterus which caused the death of the fetus and necessitated defendant's hysterectomy performance of a hysterectomy. |
| Licensure | Legislature has the authority to license , & may delegate power to boards, by statute. |
| Functions of the State Nursing Board | 1.Determine eligibility 2. Enforce licensing statutes; suspend revoke 3. supervise accrediation of training programs 4. carry out suspension & revocation proceedings, must comply w/due process, requires notice & hearing |
| Types of Licensing | Compulsory; Register nurse Must take RN test Voluntary |
| Levels of nurse specialists | Registered nurse must have ASN, BSN(bachelor's able to be involved in more administrative) MSN, Nurse practioner (NP) can specialize CNP, NP Anesthetist Bachelor of Nursing, Nurse Practioner; Voluntary |
| Supervisor liability | Have no personal right of control over personnel, may only be liable if they have personal knowledge or should know is not competent |
| Duty to follow established nursing procedures; case study: Helmamm v Sacred Heart (1963) | Patient was returned to his room after hip surgery. Roomate complained of a boil under his right arm, identified as Staphylococcus aureus & transferred to isolation room. Staff had been moving from patient to patient w/o washing hands. Patient's wound erupted found staph that penetrated into hip socket Court found sufficient circumstantial evidence that hospitals employee's failed to follow sterile techniques to its patients Standard of care was not followed |
| Duty to report Physician Negligence | Court found nurses have a duty to report to supervisors or Administrators any conditions where there is a threat to patient care Case: Goff v Doctors General Hospital |
| CASE STUDY: Goff v Doctors General Hospital (1968) | Patient was bleeding seriously after childbirth because physician failed to suture her properly.Nurses testified that they were aware of patients condition, doc was not in the hospital, knew patient would die if nothing was done, but did nothing to contact anyone except physician. Court found hospital liable for nurses negligence in failing to notify their supervisors |
| CASE STUDY: Johnston v Southwest Lousiana Assn | A surgical gauze was left in Max Johnston's wound following a hernia operation. It stayed there from surgery in May 1992 until it was found and removed in November 1993. In his and his wife's suit for damages, a jury awarded him $281,180.04 against the surgeon, Dr. Donald Vines, and the hospital, percentages 61% and 39% respectively personally negligent for failing to remove the sponge that he placed inside Johnston and that he could not relieve himself of his duty by pointing the finger at the nurses the nurses |
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