the american association of nurse attorneys (taana) recently announced that the illinois supreme court responded positively to taana's amicus brief submitted in the case of sullivan v. edward hosp., no. 95409, 2004 wl 228956 (ill. feb. 5, 2004) when the court issued its decision on february 5, 2004. citing extensively to the taana brief and also to the authorities cited by taana, the court ruled that only a nurse is qualified to offer opinion evidence as to the nursing standard of care.
the brief was drafted after almost two years of research by members of the taana litigation section and was written by karen butler, chair of the litigation section. the chicago chapter of taana, particularly, leatrice schmidt, reviewed and submitted the brief. the issue, in brief, was whether a physician, who is not a nurse, should be permitted to offer expert opinion evidence, as to the standard of care for nurses. the taana position is that nurses and only nurses have the authority and responsibility to define the scope and practice of nursing. the illinois trial lawyers also submitted an amicus brief arguing that physicians can do anything a nurse can do and, therefore, a physician can always testify as to the standard of care for nurses. for a copy of the decision, contact the taana national office.http://www.taana.org/
