Student Response to "Court Subpoena"

[guest042302019]

I just read the article about the member here that is getting subpoenaed.

As a student, I remember briefly going over legal issues the first semester of school. After reading that, I guess I don't feel legally prepared even though I've been in school for three semesters now. I vaguely remember the material.

What would you all suggest a new grad or future nurse do to be prepared to provide "legal care."

I guess another thought I have is our world and society is incredibly "sue happy" and it's unfortunate that one has to be darn near paranoid all the time about this. It's really unfortunate. It seems like one more issue to worry about. As if we don't have enough already.

[kids]

I don't think it's feasible to memorize nurse practice acts. If you've ever read statutes, you'll understand what I mean. They are long and confusing to say the least.

Whether you consider it feasible or not, knowing your scope of practice (in your state) and your state's nurse practice act is an expectation of your BoN and one of your obligations as a licensed, professional nurse.

[guest042302019, BSN, RN]

Whether you consider it feasible or not, knowing your scope of practice (in your state) and your state's nurse practice act is an expectation of your BoN and one of your obligations as a licensed, professional nurse.

I definitely agree. That's why I'm concerned and want to be aware of the legalities of nursing. I want to be aware and want to know where to look as needed. Memorizing, I think, is not feasible. Be aware, though, is. Thanks for you thought.

[guest042302019, BSN, RN]

this "loss of license" thing is so hysterically overused here. get a sense of proportion, too. you are assuming waaaaaaaaay to much litigation and danger. more than 90% of all med-legal cases never-- that's never-- go to trial, they settle out of court. please read that sentence again and take a deep breath.

next, your state nursing association and/or your state nursing board periodically publishes names and offenses of all nurses in the jurisdiction who suffer restriction or loss of license to practice nursing. find that list. read what people get in trouble for. you will see narcotics diversion, theft, practicing under the influence, elder or child abuse, fraud, and the like. if you're not planning on doing any of those, then you have a lot less to worry about.

next, as people do note above, know your nurse practice act and, more importantly in some ways, have a working knowledge of the ana scope and standards of practice (a slim volume available at your favorite online booksellers). that's a good thing for students to read regardless, because it informs you of the basis of professional nursing that your faculty is trying to teach you.

if you are working within your scope of practice, meaning you are doing what the reasonably prudent nurse would do and you aren't doing anything you aren't supposed to do as a nurse, then even if you are named in a suit, your name will probably be removed from it as the discovery portion of the business proceeds.

just in case, never practice without your own malpractice insurance. your malpractice insurance pays for a lawyer for you, as the hospital's lawyer does not have your best interest first in line.

do not believe those people who will tell you that if you carry malpractice insurance you are more likely to be sued. not true.

even if the hospital tells you not to worry because they cover you, they cannot direct their insurance company what to do. if the hospital's insurance pays a judgment because of something you did (or, remembering that settlement thing, something they say you did-- no trial where you could defend yourself), that insurance company is perfectly within its rights to turn around and attempt to recover those losses from you, personally, and they will.

it's interesting. i talked to a few nurses on the unit today about malpractice. they are under the impression that malpractice is unnecessary. they told me, "the hospital has my back." after to reading several posts here and reading yours, i'm not so sure. thanks for the input! :)