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Old 02-08-2004, 12:56 PM   #1
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Liability Question for Experienced Nurses



Hey All,

I'm a new nursing student (1st year) and am taking a law & ethics class and would like to solicit some feedback from experienced nurses regarding their understanding of off-duty liability.

For example, would you stop at the scene of an accident? Have you been asked to provide free health advice to neighbors or relatives? And if you've been in any of these situations, how did you respond? Did you feel hesitant to provide help or did you just jump right in, so to speak, and provide assistance? Does your willingness to help correspond with your knowledge and experience?

From the folks I've spoken to, there seems to be an overall hesitancy to get involved because of a fear of being sued.

Does anyone agree or disagree?

Thanks!
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Old 02-08-2004, 01:15 PM   #2
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Re: Liability Question for Experienced Nurses

I will answer your questions in reverse order.. I don't give medical advice to neighbors or acquaitances. I am not a doctor. The only advice I give is, "See your primary physcian or go to the ER if you are concerned." Heck that's the advice I give my own kids.. What good would it do me to give them a diagnosis if I can't treat them???

As for stopping at the scene. You are protected by the Good Samaritan laws.. Your textbook probably addressing that issue.

WR,,, three commas for Becca
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Old 02-08-2004, 03:00 PM   #3
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Re: Liability Question for Experienced Nurses

You'll find that as soon as people find out you're an RN they often start to describe whatever medical problem they (or some relative) have & ask advise. I suggest you handle it the same way WindingRoad suggests & listen nicely then suggest they see their doctor about it.

I have stopped for accidents twice. Once when a guy holding onto a mattress in the back of a pick up truck was blown out of the truck and into the road directly in front of our car in traffic. Without any equipment with me all I could do was use a blanket in the car to keep him warm, hold him to keep him still, hold a cloth against his head wound & get somebody else to go call 911. My husband was able to put a flare out & guide traffic away until the police arrived, but that's about it.

The other time was similar in that there was a bad accident with multiple injured and no ambulance on the scene yet and I gave aid along with the single police officer there until help arrived.

When rendering emergency assistance you are covered under your state's (or the state where you render aid) Good Samaratin Statutes, and in general will not be subject to suit -- there are exceptions however and so I suggest you read the general guidelines I've put together ( http://medi-smart.com/gslaw.htm ). There's a link there to your state's statutes as well.

I love nursing legal issues
Have any more?

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Old 02-09-2004, 01:53 PM   #4
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Re: Liability Question for Experienced Nurses

Like your other responses...I agree. You learn with experience.

When my son was young, my favorite saying to all the kids was don't ask me anything medical on my day off just call an abmulance...they never knew my schedule. One afternoon the kids set up a bike ramp to jump in our cul-d-sac. One of the kids knocked on the door and ask if I was working, when I replied no...they yelled "better call the ambulance, she's off today"!!

I did go to check the kid that had fallen and found he was fine so I sent him home to his mother to care for.

I have only stopped @ an accident once. It was a bad, one vehicle accident. I stopped as I had witnessed the accident and no one else was there yet. Waited till the police arrived (we didn't have cell phones then) and was told I could go.
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Old 02-09-2004, 02:27 PM   #5
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Re: Liability Question for Experienced Nurses

It's funny how many people are asking me questions now...and I've only had two semesters of school!
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Old 02-10-2004, 02:26 AM   #6
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Re: Liability Question for Experienced Nurses

*LOL* Just wait till you start clinicals or graduate & you're somewhere in your nursing uniform or scrubs.. it never ends .. so might as well start the "sympathetic listening" and referral to their doctor routine now.

Seriously.... you'll find that relatives, friends, and complete strangers will want to tell you all their medical problems and get your advise on everything from what you think about the doctor they're about to see to do you think they need such and such medicine instead of what their doctor has them on.

Just remember - we practice nursing and not medicine..and if you keep that straight you'll be ok.
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Old 02-20-2004, 11:45 PM   #7
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Re: Liability Question for Experienced Nurses

I too use the "you should see your doctor about that". Although, I do give minor advice to my immediate family members, like OTC meds (what all the generic names are), or when to see a doctor, or nagging my dad to get a Bipap machine. I don't expect that my family would sue me for any reason!

When it comes to the good samaritan law, we are covered. Although, I understand that we are held to a slightly higher standard. The good samaritan law covers people for what a "good and prudent citizen" would do. We are covered as "good and prudent nurses". Meaning, we are expected to have a basic medical knowledge-- like don't put a tourniquet on unless absolutely necessary. That was my understanding.

I have stopped at an accident before. Could not get to the guy in the car, though. Really, without all the equiptment and stuff, there is not alot to do. I also got called to see a woman who had passed out at a wedding .. she had passed out from low blood pressure, as best we coudl figure. She had not been drinking -- and was dizzy - went pale, then fainted. She also took a bunch of antihypertensives. All we did (there was another nurse there), was talk to her and her family until the EMTs came. She refused to go with them saying "this happens all the time, my doctor knows about it" At that point -- it is out of my hands. If she won't go - we can't make her. We told her that she really should - that fainting like that is not normal. I think in a lot of situations, nurses can do some good. We can calm the crowds, so to speak. We can help to keep the injured person calm. And we can prevent others from rash acts (like putting a spoon in someones mouth who is seizing).
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Old 02-26-2004, 04:03 AM   #8
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Re: Liability Question for Experienced Nurses

I will give limited advice to family and good friends probably the same advice anyone would give. But most of it is call your doc. It's the same at work I have people call all the time (I'm in L&D) and say I'm hurting am I in labor. I try to tell them about timing contractions etc but also tell them I can't tell over the phone and if it concerns them they need to be checked out. I'll tell my diabetic dad to not eat this or that and take care of his feet etc but won't treat big cuts he gets on his feet I give him the advice of go to the doctor.
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Old 02-28-2004, 09:37 AM   #9
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Re: Liability Question for Experienced Nurses

I have stopped at the scene of an accident...when I was the first one there and actually witnessed the accident itself (it was a single car and the driver lost consciousness.). As soon as the police and emergency crew arrived I gave my info and was told I could leave.
As long as you follow standards of care and do what "any prudent nurse would do in the situation" as a nurse you are covered under the good samaratin laws.

I think every nurse has been asked for advice...once people find out you're a nurse they often come to you. Most nurses I know, myself included, give minimal advice. We tell them to seek medical advice. Now, I have frequently answered questions after a friend has returned from a doctor visit and not understood about a certain condition (if I know about that condition). Not offering advice, but rather educating. Also giving them other soucrces to check for information. Especially suggesting that they should keep a running list of questions (when they think of a question they want to ask the doc, write it down) and take the list with them to the next visit. You always forget what you wanted to ask...this way you remember and have
all your areas covered.

Hope this helps.
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Old 02-28-2004, 01:39 PM   #10
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Re: Liability Question for Experienced Nurses

About the only advice I give is to take ALL of your antibiotic even if you feel better and not to ask for antibiotics for a cold...



WR,,, three commas for Becca..

Yipppeee Tiger is in the finals tomorrow...Opps sorry to digress...
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