What is My Liability as a Clinical Instructor?

[Lorie Brown RN, MN, JD]

Dear Lorie

As a Nursing Instructor, can I be held liable if one of my students suffers bodily injury during a clinical assignment?

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Great question.

I frequently hear concerns about liability from Clinical Instructors. In order to be liable, you must be negligent. There are 4 elements to negligence.

1. DUTY: what those acting under same or similar circumstances would do.
   
2. BREACH: you failed to do something that you were supposed to do (duty) or didn't do something that you should have done.
   
3. CAUSATION: the breach must cause damage.
   
4. HARM: what harm occurred as a result of the breach?
   

If you are not negligent, then there can be no liability.

How was the student injured?

What duty do you owe her?

What would other Instructors do in the same situation?

Without more facts, this is a difficult question to answer. If you give me an example, I would be happy to walk through it.