To order back issues please go to our secure website https://secure.netos.com/nursinglaw/backissuelist.htm
July 2009 Disability Discrimination: Court Rules That Deaf Patient Has Grounds To Sue Hospital - Emergency Room: Nursing Care, Hospital Procedures In Compliance With EMTALA - E.R.: Nurses, Physicians Failed To Catch Impending Stroke - Suicide: Gun Brought Onto Psych Unit, Patient Was Not Searched Returning From Five-Hour Pass - Psych Patients Not Supervised: Penalty Upheld - Nurse As Expert Witness: Court Widens Nurses’ Role In The Courtroom - Post-Op Care: Nurse Should Have Been Able To Intubate A Patient - Misuse Of Residents’ Credit Cards: Nursing Home Did Not Commit Malicious Prosecution - Employment Discrimination: White Male Nurse’s Case Thrown Out - General Power Of Attorney: Family Member Can Consent To Arbitration - Power of Attorney For Healthcare Decisions: Family Member Cannot Consent To Arbitration - Operation On Wrong Knee: Court Faults Surgical Nurse - Mother, Newborn In Car, Infant Dropped: Hospital Pays Settlement - Dialysis: Nurse Cancelled Order For Lab Work - Living Will: Court Finds Fault With Care Planning. Labor & Delivery: Nurse Waited To Report To The Obstetrician - Labor & Delivery: Student Nurse Did Not Know How To Read The Monitor - Discrimination: Nurse Did Not File Complaint With EEOC - Labor & Delivery: Nurse Applied Fundal Rather Than Suprapubic Pressure - Gender-Based Shift Assignments: Male Aide’s Bias Lawsuit Thrown Out - Catheter-Related Urinary Tract Infections: New CDC Guideline - Prenatal Care: Court Faults Clinic’s Practices For Screening Patients Re Current Medications.
June 2009 Psychiatric Nursing: Facility Followed The Standard Of Care, Patient’s Suit Dismissed - Respiratory Depression: Nurse Failed To Monitor, Chart Vitals While Giving Versed - Narcotics: Death Blamed On Nurses’ Failure To Monitor - Supervised Visits: Patients’ Privacy Rights - Stroke: Nurses Did Not Attend To Patient - Post Surgical Care: Nurses Waited To Report Drop In Blood Pressure - Drug-Seeking Behavior: Patient Was Not Defamed By Chart Notes - Theft: Nursing Home Employee Was Defamed By Her Former Employer’s Comments - Unclaimed Body: Court Validates Family Members’ Right To Sue - Family And Medical Leave Act: Nurse’s Rights Were Violated - Public Health: Nurse’s Inability To Drive Is Not A Disability - Nurse As Expert Witness: Court Was Wrong To Exclude Her Testimony - Fall: Jury Finds No Nursing Negligence - Congestive Heart Failure: Verdict Faults Nursing Care - Labor/Delivery: Nurses Did Not Advocate - Transfer: Nurse Did Not Report Ob/Gyn Patient Showing Signs Of Abruption - Seizures: SNF Violated CMS Regulations, Civil Monetary Penalty Upheld By US Court - Cerebral Aneurysm: Lawsuit Faults E.R. Personnel - Contraindicated Use: Lawsuit Faults Surgical Staff - Sedated Patient Scalded In Shower: Court Finds Evidence Of Negligence By Obstetric Nurse.
May 2009 Patient’s Fall: Solid Nursing Documentation Afterward, Negligence Lawsuit Dismissed - Post-Surgical Infection: Court Faults Discharge Instructions - Patient Falls: Restraint Was Removed, Hospital Found Liable - Fall: No Assist To Bathroom - Hospital Discharge: Psych Patient Not Sent To Appropriate Care Setting, Nurse Liable For Death - Age Discrimination: Appeals Court Upholds Nurse’s Verdict - Race Discrimination: Nurses Violated Hospital Policy, Terminations Upheld - Rudeness: Nurse Disciplined - Elder Abuse: Court Protects Supervisor For Discipline Of Nurses Aides - Medical Confidentiality: HIPAA Applies To Employees’ Charts - EMTALA: Dehydrated Pediatric Patient Dies, Nurse Neglected Screening Procedure In The E - R - EMTALA: Nurse Screened OB Patient, Hospital Not Liable - Arbitration: Daughter Had No Authority To Sign, Case Will Go To Jury - Prenatal Care: Student Nurse Misread Fetal Monitor - Disabled Adult: Supervision Faulted, Jury Awards Large Verdict - Labetalol: Nurse Not Negligent - Strip Search: Nurse Violated Students’ Civil Rights - Sexual Harassment: Nurse Obtains Large Jury Verdict - Sodium Replacement: Nurse Gave Too Much Saline, Too Quickly, Patient Sustained Brain Injury.
April 2009 Pregnancy Discrimination: Light-Duty Policy Must Be Applied Uniformly, Pregnant Or Not - Protective Custody: Hospital Staff Did Not Violate Rights Of Intoxicated ER Patient - UTI: Negligent Care Implicated In Patient’s Death From Sepsis - Psychiatric Commitment Denied: Disabled Resident Able To Sue For Malicious Prosecution - Emergency Room: Court Accepts Unusually Detailed Statement Of The Standard Of Care For Nursing Assessment Of Pediatric Patients - Labor & Delivery: Lapse In Fetal Monitoring - EMTALA: Nurses Did Not Violate The Law - Pathology: Nurse Faulted, Did Not Send Specimen To The Lab - Diabetic Patient Dead From Hypoglycemia: Jury Finds No Nursing Negligence - Premature Hospital Discharge: Nurse Faulted In Patient’s Death - Facts Concealed From Family: No Negligence, But Civil Fraud Lawsuit Can Go Forward - Gunshot Wound: Jury Faults Care Given In ER - Weight Gain: Disabled Patient Obtains Settlement - False-Negative HIV Test: Patient Suicide Was Not Outside The Realm Of Possibility, Court Says.
March 2009 Babies Switched In Nursery: Court Allows One Of The Mothers To Sue For Damages - Wrongful Termination: Nurse Refused To Alter Chart, Has Grounds For A Lawsuit - Substandard Nursing Practice: Employment Termination, License Probation Upheld - Hearing-Impaired Nurse: Court Discusses Disability Discrimination Issues - Neonatal Intensive Care: Nurses Delayed Reporting To Physician - Emergency Room: Cardiac Patient’s Care Delayed - Fall: Nurses Neglected To Catheterize The Patient - Choking: Brain Injury Patient Served Burrito - Medication Error: Jury Awards Damages - Home Health: MS Patient’s Care Plan Not Adequate - Single Person Transfer: Fall, Death, Sizeable Verdict For The Family - Fall: No Nursing Negligence, Lawsuit Dismissed - Epidural: High-Spinal Block During Catheter Replacement - ICU: Alarms Sound, Nurse Does Not Respond, Hypoxic Brain Injury Results - E - R - : Pediatric Patient Now Paralyzed Due To Nurse’s Negligence - HIPAA: Spouse Has Authority To Obtain Medical Records After Death, Court Says - Arbitration: Patient Did Not Sign, Spouse Had No Authority, Case Will Go To Jury - Transfer Delayed: Nurses Should Have Notified The Physician - Emergency Room: Court Faults Nurse’s Assessment, Relies On Nursing Expert - Nurse As Patient’s Advocate: Nurses’ Inaction Had No Effect On Outcome, Court Says - Post-Op Care: Neurosurgery Patient Had Eluded Restraints, Yet No Sitter Was Ordered - Call Light Not Answered, Patient Falls, Dies: Nursing Facility Found Liable To Patient’s Family .
February 2009 Post-Surgical Care: Anoxic Brain Injury Tied To Nursing Negligence - Cauda Equina Syndrome: Nurse Faulted For Patient’s Paralysis - Bi-Level Positive Airway Pressure: Nurses Did Not Follow Orders, Faulted For Patient’s Death - Groshong Catheter: Patient’s Death Tied To Substandard Care - Pregnancy Discrimination: All Employees Must Be Treated Equally Re Light-Duty Work Restrictions - Transfusion: Air Injected Into Line, Large Verdict - Emergency Medicine: Court Rules On Scope Of Practice For Nurse Practitioners - Trache Care: Nurse Fell Asleep, Settlement Paid For Child’s Death - Fetal Remains: Court Upholds Parents’ Right To Sue Hospital - Belligerent Family Member: Jury Nixes Damages - Chemical Sensitivity: Court Finds Support For Nurse’s Disability Discrimination Case - Morphine Toxicity: Elderly Patient Died From Overdose, Not From Underlying Illnesses - O - R - : Infection Had To Have Been Caused By Break In Sterile Technique - Retaliatory Discharge: Nurse Practitioner Not Protected As Whistleblower, Court Says - Fragrance Allergy: Court Approves Worker’s Comp Claim - Discrimination: Employer Took Prompt Action, Lawsuit Dismissed - Harassment, Patients vs - Caregiver: Housekeeper Is Awarded Damages - Missing Incident Report: Jury Returns $9,000,000+ Verdict After Judge Instructs The Jury On Spoliation Of The Evidence - Employee Business Expenses: Tax Court Looks At The Deductions Claimed On Nurse’s Federal Income Tax Return.
January 2009 Morally Coercive Or Discriminatory Practices: New Regulations Take Effect January 20, 2009 - Definition Of Family Member: Court Allows Suit Against Critical-Care Nurse Who Excluded Life-Partner From Room - End-Stage COPD: Was Morphine Overdose The Cause Of Death? - Arbitration: Nurses Are Not Protected By The Arbitration Agreement - Psychiatric Care: No Discharge Planning, Hospital Held Liable For Homeless Veteran’s Suicide - Skin Care: Substandard Care Did Not Cause Death - Emergency Room: Medical Emergency Justifies Body Cavity Search, Urinary Catheterization - Emergency Room: Court Questions The Existence Of A Medical Emergency - Labor & Delivery: Nurses Waited To Phone Ob/Gyn - Patient Not Restrained, Falls From Bed: Lawsuit Against Nursing Home Is Dismissed - Nursing Documentation: Court Points To Nursing Progress Note, Dismisses Patient’s Lawsuit - Discrimination: Deaf Patient Gets Legal Settlement - Wrongful Discharge: Employee Refused To Commit An Illegal Act, Can Sue For Retaliation - Perioperative Nursing: Shoulder Chair Attachment Comes Loose - Nurse As Patient Advocate: Court Tones Down Scope Of Labor & Delivery Nurses’ Responsibility.
December 2008 Post-Surgical Nursing Care: Court Reinstates Jury Verdict For The Deceased’s Family - Informed Consent: Perioperative Nursing Notes Compel Dismissal Of Medical-Battery Lawsuit - Deep Vein Thrombosis: Elderly Patient Died Following Lasik Eye Surgery - Fall: Nursing Home Did Not Secure Bed From Rolling - Race Discrimination: Court Awards Damages To Caucasian Nurse Who Was Harassed On The Job By African-American Co-Workers - Lyme Disease: Jury Finds Clinic Nurse Practitioner Did Not Depart From Standard Of Care - Family Member Panics: License Suspended, Nurse Refused To Contact The Doctor - Defibrillator: Code Team Nurse Fired - Psych Nursing: Crisis-Line Nurse Ruled Not Liable In Patient’s Wrongful-Detention Lawsuit - Nurse As Patient’s Advocate: RN’s License Suspended For Incompetence, Gross Negligence - Compartment Syndrome: Nurses Reported The Signs But Did Not Advocate For The Patient - Labor & Delivery: Staff Nurse Did Advocate For The Patient - Nurse As Patient, Malpractice Plaintiff: Jury Imposes A Higher Standard For Contributory Negligence - Arbitration: Patient Was Incompetent, Wife Held Power Of Attorney, Case Ordered Into Arbitration.
November 2008 Medicare/Medicaid: SNF Was Not Treated Fairly, Court Nixes Civil Monetary Penalty - Overdose: Nurse Charged In Patient’s Death, Hospital Held Liable - IV: Systemic Infection Linked To Nursing Negligence - Patient Falls: Jury Finds No Nursing Negligence - Labor & Delivery: Original Strips, Chart Notes Not Available, Court Sees No Spoliation Of Evidence - Psych Meds: Court Discusses Grounds For Involuntary Administration - Disability Discrimination: Factors Unique To One Job Environment Do Not Create A Legal Disability, Court Says - Disability Discrimination: PTSD, Alcohol Not Disabling - Chemical Dependency: Evidence Not Conclusive, License Restored - Age Discrimination: Court Evaluates Hospital’s Policies - Disability Discrimination: Back Problem, Lifting Restriction Is Not A Disability - O - R - : Chart Review Is A Nursing Responsibility - Labor & Delivery: Fetal Monitor Discontinued While Cervidil In Use, Jury Finds No Negligence - Labor & Delivery: Fetal Monitor Discontinued, Jury Finds No Negligence - Heparin: No Physician’s Order, Patient Dies After GI Hemorrhage - Patient vs - Patient Assault: Court Sees Grounds To Fault Nursing Facility - Psych Patient Elopes: Jury Finds Facility Not Liable - Fall: Hand Sanitizer Dripped On Floor Of Corridor, Or So Suit Claimed - E - R - : Premature Discharge Allegedly Caused MVA, Jury Disagrees - Home Health: Nurse Charted Findings Before Actually Seeing Patient, Termination Upheld.
October 2008 Opioid Analgesic, Respiratory Depression: Court Upholds Nursing Negligence Lawsuit - Epidural Morphine: Wrongful Death Lawsuit Faults Early Discharge From The Hospital - Fecal Impaction: Lapses In Care Lead To Settlement - Alzheimer’s: Elopement Leads To Large Verdict For Wrongful Death - Patient Abuse: Aide Found Guilty Of Misappropriation Of Property - Patient Falls: No Justification For Restraints, Facility Ruled Not Liable - Patient Falls: Facility Ruled Not Liable Based On Nurse’s Safety Inspection - Post-Surgical Monitoring: Anoxic Brain Injury Blamed On Nursing Negligence - Emergency Room: No Record Of Cardiac Complaints, Suit Dismissed - Confidentiality: Charge Nurse Is Fired, Had Copied, Removed Records For Legal Purposes - Family-Member Interference: Court Sees Harassment, Upholds Restraining Order - Bloodborne Pathogens: Employer Pays Travel, Time For Off-Site Medical Care - Risk Management: Court Limits Attorney-Client Privilege - Skin Care: Care Plan Was Ignored - Prenatal Care: Lawsuit Faults Nurse Practitioner - Pediatric Immunizations: New Vaccine Information Materials - Sexual Assault: Foreseeability Is The Key Issue - Psych: No Fall-Risk Assessment Done, Negligence Found - Neonatal Intensive Care: Nurses Faulted For Delay In Transfer - Smoking: Unattended Patient Dies From Burns, Lawsuit Focuses On Patient Safety Assessment.
September 2008 Labor & Delivery: Nurses Failed To Report Changes, Substantial Verdict For The Infant - Sign Language Interpreters: US Court Says Hospital Discriminated Against Deaf Patient - Confidentiality: Court OK’s Aide’s Firing, Copied Patients’ Records For Her Legal Case - PACU: Court Says Special Level Of Attention Is Required With Morbidly Obese Patients - Patient Suicide: Nurses And Physician Ruled Not Liable - Gender-Based Shift Assignments: Federal Court Upholds Male CNA’s Sex-Discrimination Lawsuit - Discharged Patient Drives Under The Influence: Court Vindicates Nurse’s Response - Antibiotics: Nurse Did Advise Patient Of Side Effects - Patient Abuse: Court Expands The Definition Of Sexual Exploitation Of A Vulnerable Adult - Nurse As Attesting Witness: Signing Must Occur In The Nurse’s Presence - Morphine Toxicity: Nurses Did Not Follow Orders, Hospital Ruled Liable - Lap Sponge Left Inside Patient: Nurses Must Prove Absence Of Negligence - FMLA: No Duty To Extend Leave, Court Says - Emergency Room: Personnel Failed To Diagnose Staph Infection, $3,000,000 Settlement For Pediatric Patient - Arbitration: No Delegation Of Power Of Attorney - Arbitration: Resident Was Not Incompetent - Arbitration: Resident Was Incompetent - Resident Dies, Is Buried, Next Of Kin Not Notified: Court Says Family Can Sue Nursing Home - Fire Safety: Nursing Homes Must Have Sprinkler Systems By 2013, CMS Says.
August 2008 Chain Of Command: Nurse Blamed For Patient’s Death After Brainstem Herniation - Feeding Tube: Nurses’ Errors Led To Respiratory Arrest, Death - Patient Falls: High Seats On Commodes No Substitute For Hands-On Assistance, Jury Says - Acute Asthma Attack: Nurse’s Error Led To Brain Damage - Patient vs - Patient Assault: Caregivers Not Liable - Harassment: Conduct Must Be Reported - Psych Patient Jumps From Hospital Window: Psychiatrist, Psych Nurse Ruled Not Negligent - Patient vs - Patient Assault: Staff Knew Of Violent History - Pulmonary Embolism, Death: Nurse’s Post-Op Monitoring, Charting Faulted In Lawsuit - Elopements: Court Faults Facility’s Actions, Civil Monetary Penalty Upheld - Elopement: Staff Ignored Door Alarm, Resident Fell, Broke Hip - Elopement: Jury Awards Damages - Labor & Delivery: Pitocin Was Continued, Hyperstimulation Causes Hypoxia, Cerebral Palsy - Disability Discrimination: Court Rules That Regular Attendance Is An Essential Job Function - Good Samaritan Act: Nurse Dismissed From Lawsuit - Nursing License Suspended: No Lawsuit Until Administrative Avenues Are Exhausted - Operating Room: Positioning Error - Freedom Of Speech: Nurse’s Internal Memos Are Not Protected - Nursing License On Probation: Nurse Has No Grounds To Sue - Discharge Orders: Mix-Up Leads To Overdose - Patient Falls: Nurse Faulted For Giving PRN Sleep Aid - Versed Overdose: Lawsuit Faults Nurse Monitoring During CT Scan.
July 2008 Patient’s Seizure: Court Rules Nurse’s Slow Response Is Neglect Of A Vulnerable Adult - Patient Safety: SNF Did Not Enforce Its Own Smoking Rules, Civil Monetary Penalty Imposed - Nurse/Therapist: Patient Awarded Damages Over Improper Sexual Relationship - Patient Suicide: Family Obtains Settlement - Acute Pancreatitis: Patient’s Lawsuit Alleges Sub-Standard Nursing Care First Day In The Hospital - Coumadin: Med Started Before Lab Tests Back - Emergency Care: Hospital Had No Obstetric Department, Judge Finds No Negligence Committed By E - R - Physician Or Nurses - Failure To Thrive: Arbitrator Finds No Negligence - Pressure Sores: Court Case Relates Patient’s Death To Sub-Standard Skin Care - Pressure Sores: Court Case Points Out Importance Of Hydration And Nutrition - Code: Crash Cart Not Stocked, Other Equipment Non-Functional, Patient Dies, Family Sues - Deep Vein Thrombosis: Patient’s Death Tied To Nursing Negligence - Cardiac Patient Left Unattended On Commode: Jury Awards Damages For Nurse’s Negligence - Anemic Patient Left Unattended In Shower: Hospital Pays Settlement For Nurses Aide’s Negligence - Psychiatric Nursing: Patient Dies During “Take-Down,“ US Court Imposes Supervisory Responsibility, Liability On Nurses - L & D: Nurses Denied Patient’s Request For C-Section, $3,500,000 Settlement Awarded - Death Of Patient: Court Rules Nurse Was Unfairly Denied The Right To Respond To The Charges.
June 2008 One-Person vs Two-Person Assists: Court Discusses The Nursing Standard Of Care - Fluid Overload: Hypoglycemic Neonate Seizes, Is Left With Neurological Injuries - Insulin Drip: IV Discontinued, Injections Not Started, Patient Arrests - Cardiac Care: Monitor Off For Thirty Minutes, Patient Arrests, Dies - Medication Mix-Up: Nurses Continue Demerol IV, Post-Appendectomy Patient Seizes, Dies - Systemic Lupus Erythematosus: L & D Nurses, Physician Faulted For Mismanagement Of High-Risk Delivery - Post-Op Care: Failure To Monitor Leads To Amputation Of Pediatric Patient’s Leg - Flash Sterilization: Patient Burned, Jury Blames The Nurses, Not The Surgeon - Intubation: Dentures Not Removed, Jury Faults Nurses, Physicians - Passy Muir Speaking Valve: Device Inserted Negligently By Nurse, Family Sues For Wrongful Death - Labor Practices: “RNs Demand Safe Staffing” Buttons May Be Worn On Campus, Court Says - Whistleblower: Terminated Staffer Gets Settlement - Whistleblower: Lawsuit Dismissed - Canavan Disease: Wrongful Birth Lawsuit Faults Nurse’s Prenatal Screening - Spina Bifida: Patient Told Not To Take Prenatal Vitamins - Nurse As Beneficiary Of Patient’s Will: Nurse Found Guilty Of Undue Influence, Will Is Invalid - Arbitration: Nephew Had No Legal Authority To Sign, Agreement Thrown Out - Employee Complaints: Court Sees No Forced Resignation, Rules Nurse Quit Voluntarily.
May 2008 Patient Hemorrhages, Dies Just Out Of The Hospital: Jury Blames The Discharge Nurse - Narcotics Diversion: Nurse Sues Employer Over Confrontation, Court Dismisses The Lawsuit - Patient Suicide: Nurse Gave Patient A Razor, Did Not Check Back For Three Hours - Police Sought Access To Patient: US Appeals Court Rules Nurse’s Actions Were Appropriate - Fecal Incontinence: Hospital Can Terminate Nurse For Medical Reasons - Hemostat Left Inside Patient’s Body: Jury Faults Nurses, Not Surgeon - Fall Into Bathtub: Jury Blames Care Workers, Not Care Consultant - Faulty Transfer: Femoral Head Dislodged - Duty To Supervise: Court Faults RN For Failing To Follow Up On LPN’s Vitals - Job Change: No Age, Disability Discrimination - Pressure Sores: Facility Liable - Contractures: Facility Ruled Not Liable - Post-MI Care: Cardiologist Ruled Not Liable - Whistleblower: Court Reviews Fired LPN’s Lawsuit - Labor & Delivery: Court Places Independent Professional Responsibilities On NursesFire In O - R - : Court Puts Burden Of Proof On Caregivers - Cesarean Delayed: $37,850,000 Verdict For Cerebral Palsy - MRSA: Court Says Infection Is Covered By Worker’s Comp As An Occupational Illness - Patient Falls: Jury Finds Nursing Assessment, Care Negligent, Awards Family $1,000,000 Verdict -
April 2008 Heparin-Induced Thrombocytopenia: Nurses Not Properly Trained, Court Sees Negligence - Miscarriage: Lawsuit Raises Questions Re Hospital’s Handling Of The Remains - Dementia: Patient Drank Poison, Jury Gives Family $3,000,000 - Fall: No Bed Alarm, Patient Gets Settlement - Sponge Count: Nurse Reported The Problem After Closure, Court Finds No Negligence - Abuse: Court Says That Home Health Nurse Did Not Willfully Abuse Her Patient, Nursing Board’s Charges Dismissed - Sexual Harassment: Facility Not Liable, Took Appropriate Action - Home Health: Professional Staff Get Overtime Pay - Seventh Day Adventist: Court Finds No Discrimination - Union Activities: Hospital Guilty Of Interference - Association Discrimination: Nurse Fired Over Spouse’s Medical Bills Has Right To Sue - Fall: Brain-Injury Patient Left Alone On Commode - Fall: Dementia Patient Left Alone - Preeclampsia: $22,000,000 Verdict For Patient’s Death - Stroke: Nurses Did Not Report Patient’s Status To Physician - No Consent: Patient Can Sue - Decubitus Ulcers: Home Health Nurse’s Care Ruled Negligent - Cervical Cancer: Physician Did Not Read Pap Smear Results, Jury Returns $30 Million Verdict - Hostage Crisis: Court Says Nurse Can Sue Over Substandard Law Enforcement Training - Nurse Did Not Investigate Patient’s Insurance: Lawsuit Thrown Out - Patient Photographed Without Consent: Court Says Patient’s Privacy Rights Were Violated.
March 2008 Deep Vein Thrombosis: Court Rules Patient’s Nurses Met The Legal Standard Of Care - Whistleblower: Nursing Director’s Suit Dismissed - Defensive Charting: Court Says Errors Do Not Prove Negligence - Disability Discrimination: Court Challenges Hospital’s Full-Release-For-Duty Policy - Insulin Overdose: Arbitration Award For Family Of Deceased - Prescription Error: Nurse Caught The Mistake, Lawsuit Dismissed - TPN Overdose: Nurse Gave 10x Ordered Dose, Large Verdict - Post-Partum Care: Patient’s Brain Death Tied, In Part, To Nursing Negligence - Alcohol Withdrawal: Nursing Care Faulted - Abuse: No Intent, No Patient Abuse, Court Says - Alzheimer’s: Elopement, Death Lead To Settlement - Maternal Fever, Cesarean Delay: Settlement Paid By Hospital - Emergency: Hospital Drops “Rescue Team” Defense, Pays Settlement - Gestational Diabetes: All Caregivers Cleared Of Negligence - Discrimination: Hospital Not Required To Accommodate LPN’s Disability - Post-Mortem Care: Nurse Fired Over Handling Of Miscarriage Wins Discrimination Lawsuit - Confidentiality: Former Employee Barred From Seeing Charts - Sexual Assault: Hospitals Liable - Arbitration: Agreement Thrown Out, Family Member Had No Authority To Sign - Discrimination: Nurses Can Be Held Liable In A Physician’s Lawsuit, Court Says - Discrimination: Chemical Dependency Does Not Require Accommodation - Choking: Disabled Patient Known To Have Problems, Was Not Supervised While Eating.
February 2008 Patient’s Falls: Nurses Ruled Not Negligent Based On Solid Nursing Documentation - Cardiac Monitor: Alarm Turned Off To Use Bed Pan, Not Turned Back On - Patient Takes Away His Original Hospital Chart: Conviction For Robbery Upheld By Court - Faulty Transfer: Nursing Home Pays Settlement - DNR Order: Family Obtains Jury’s Verdict - Shower Chair: Nursing Facility Settles For Patient’s Death From Fall - Sexual Assault: Facility Knew Male Nurse Had Potential For Abuse, Violence - Labor Law: US Appeals Court Agrees Mandatory Flu Vaccinations Are Not Allowed By Nurses’ Union Contract - Psych Hold: Danger To Self Or Others Is Required - IM Injection: Faulty Nursing Documentation - Pregnancy Discrimination: Court Strikes Down Hospital’s “Fetal-Protection” Policy Re Nurses On-The-Job Radiation Exposure - Nasogastric Tube Misplaced: Large Verdict For Patient’s Death - Transport: Nurse Correctly Assessed Patient’s Needs - Vitamin K: Nurse Ruled Not Negligent - Nursing Home Resident Was Not No Code: Settlement For Wrongful Death - Betadine Burn: Hospital’s Nurses Ruled Not Negligent - Abuse: Charges Against Aide Overturned - Hoyer Lift: Patient Dropped - Federal False Claims Act: Nurse’s Suit Over Patient-Care Issues Dismissed - Post-Surgical Care: Nurses Faulted Over Reports To Physician - Geriatric Sex: Privacy vs - Abuse - Geriatric Sex: Emergency Transfer Upheld - Baribed, Turning: Court Discusses The Legal Standard Of Care For Post-CABG Nursing.
January 2008 Patient-Controlled Analgesia: Jury Relates Patient’s Death To Nursing Negligence - Heated IV Bag: Surgical Patient Sues For Burn - Eye Surgery: Ice Pack, Velcro Strap Lead To Total Blindness - Defamation: Employee Can Sue Over Theft Allegations - Transport: Aspiration Pneumonia Caused By Aide’s Negligence - Disability Discrimination: No Duty To Accommodate Permanent Medical Restrictions - Patient Neglect: CMS Proposal To Allow Aides To Resume Working After One Episode Of Neglect - Chemical Dependency: Hospital Not Required To Accommodate Restrictions Re Narcotics, No Disability Discrimination - Sexual Harassment By A Patient: Nurse Covered By Worker’s Comp - Fall: Facility Faulted, No Toileting Schedule - Misconduct: Caregiver Fired For Sleeping While On Duty, Medication Use No Defense - Harassment: Supervisor Fired, Failed To Investigate - Telephone Advice: Nurse Not Negligent - Labor Law: Employer Must Show A Majority Favor Union Decertification - Obstetrics: Court Faults Caregivers Over Inadequate History - Chemotherapy: Nurse Ruled Negligent - Pediatric Care, Dehydration: Brain Damage Traced To Nursing Negligence - Organ Transplantation: Patient Rejected For Psychiatric Illnesses, Hospital Did Not Commit Disability Discrimination - Identity Theft: Stolen Personal Information Must Have Been Taken From Office Medical Chart.
December 2007 Post-Colonoscopy Care: Court Upholds Jury’s Verdict Of No Nursing Negligence - Breach Of Confidentiality, Co-Workers’ Emails, Charts: Charge Nurse Terminated For Just Cause - Breast Cancer: Nurse Manager Not Disabled, Cannot Sue For Disability Discrimination - IM Phenergan: Nurse Followed Standard Of Care, Jury Says - IM Injection: Patient Was Standing - Post-Surgical Care: Nurses Monitored The Patient, Not Responsible For Paralysis - Arbitration: Family Member Had Authority, Cannot Renege On Agreement To Arbitrate - Alzheimer’s: Patient’s Death Tied To Caregivers’ Negligence - Aspiration Pneumonia: Hospital Did Not Check Dietary Orders - Aspiration: Nurses Not At Fault, Followed Physician’s Orders - Old Fracture: Nursing Home Had To Have Been Negligent, Court Rules - Race Bias: Court Sees Hostile Work Environment - Religious Discrimination: Employee Was Offered Reasonable Accommodation - Race Bias: Court Reiterates Definition Of Discrimination - Patient Falls: Private-Duty Sitter Does Not Lessen Nursing Home’s Duty - Insurance: Nurse’s Own Policy Will Pay First $100,000, Court Says Sponge Count: Nurses Liable Along With The Physician - Understaffing: Court Lets In The Evidence - Medication Error: Expert Testimony Is Required - Fall: Patient Not Restrained, Court Does Not Fault Nurses - Hypoglycemia: Patient Left To Die In The Emergency Department.
November 2007 Patient Abandonment: Court Agrees With Nursing Board, Upholds Disciplinary Action - Whistle Blowing: US Courts Restrict Nurses’ Rights, Give Their Employers Wider Latitude - Patient’s Fall: Court Endorses Nursing Expert’s Opinion Re Substandard Hospital Nursing Care - Alzheimer’s: Nursing Facility Not Liable For Alleged Assault On Patient - Diversion: Nurse Fired For Giving Narcotic, Ibuprofen To Co-Worker - Agency Nurse: Facility Bound By Contract If A Nurse Is Hired Directly - Peer-Review/Quality-Assurance Privilege: Court Reviews The Steps A Healthcare Facility Should Take Before A Lawsuit Has Materialized - Patient Codes: Jury Finds NoNursing Negligence - Fall: No Nursing Negligence - Epidural Anesthetic: Nurse And Physician Failed To Monitor Their Patient - Discrimination: Nurse Fired Without An Investigation - EMTALA: Court Rules Hospital Not At Fault For Patient’s Death - MD’s Explosive Outburst: Nurses Cleared Of Charges - Dehydration: Jury Finds Nursing Home Neglected Patient’s Care - Fall: Bed Rails Were Left Down - Cytotec Induction Of Labor: Nurse Midwife Cleared Of Negligence For Uterine Damage - Pitocin: Nurse Midwife, $24 Million Award - tPA: Patient Gets Settlement For Arm Injury From IV - CDC: Proposed Consolidation Of Infant Vaccine InfoStatements - Medicare/Medicaid: CMS Finalizes Regulations For Revisit User Fees - Hyperkalemia: Nurse Ignores Doctor’s Orders.
October 2007 Disability Discrimination: Quad On Ventilator Could Not Communicate With His Caregivers - Skin Breakdown: Facility Hit With Substantial Judgment For Poor Nursing Care, Documentation - US False Claims Act: Nurse’s Suit Thrown Out - Twin Delivery: Nurses Ruled Not At Fault - ECT: Patient Burned, Cause Disputed - Suicide In Psychiatric Facility: Jury Finds Psychiatric Patient’s Caregivers Not At Fault - Involuntary Restraint: Court Dismisses Suit - Neonatal Intensive Care: Nurses, Physicians Failed To Diagnose Imperforate Anus - Fall Care Plan: Documentation Was Missing That Plan Was Carried Out - Patient’s Fall: Patient Should Not Have Been Left Alone, Mishandled - Bowel Obstruction: Nurses Advocated For Pediatric Patient, Physicians To Pay Settlement - Dehydration: Jury Faults Nursing Facility For Patient’s Death - IM Injection: Court Accepts Nurse’s Expert Opinion - Home Health: Nurse Can Sue For Dog Bite - Whistleblower: Court Discusses CNA’s Rights - Race Discrimination: Facility’s Nurses Were Not Treated Differently Based On Race - Nurse Spills Hot Coffee On Newborn Infant: Jury Finds Nurse, Facility Negligent - Failure To Diagnose Stomach Cancer: Nurse Practitioner Partly To Blame - Nurse’s Abusive Response To Call Bell: Termination Ruled Justified.
September 2007 Nurse As Patient’s Advocate: Cardiac Care Nurse To Share Liability With The Physician - Status Asthmaticus: Nurse To Share Blame For Ten Year-Old Child’s Death In The E - R - Extravasation: Hospital Pays Settlement For Poor Nursing Documentation - Developmental Disability: Hospital Liable For Fall From Window - EAP: Court Discusses The Legal Standard Of Care For Nurses - Chemical Dependency: Nurse’s Intoxication Can Lead To Legal Liability - Pitocin, Vaginal Delivery Post-Cesarean: Nurse Must Watch For Uterine Hyper-Stimulation - Pitocin With Cytotec: Jury Rules Nurse Must Watch For Uterine Hyper-Stimulation - Abuse: Aide’s Firing Ruled Justifiable - Abuse: Patient Bruised Being Restrained - Post-Mortem Care: Hospital Did Not Inflict Emotional Distress On Family Member - Identity Theft: Hospital Aide Convicted - Whistleblower: Nurse May Have Right To Sue - English-Only Rules: US Court Distinguishes Legitimate vs - Discriminatory Policies - Full Code Patient: Failure To Respond Is Grounds For Termination - No One-To-One Monitoring: Hospital Can Suspend Nurse - Back Injury: Court Rules Nurse Does Not Have A Disability - Perioperative Nursing: Court Discusses The Standard Of Care - Bed Alarm: Nursing Facility Settles With Widow For Fall - Elopement Alarm: $2,200,000 Verdict Against Nursing Facility - Patient’s Latex Allergy: Nursing Facility Cited For Physical Abuse, Civil Monetary Penalty Upheld.
August 2007 Labor & Delivery: Court Discusses Standard Of Care For Nurses Assisting In Delivery - Medicare / Medicaid: CMS Proposes To Start Charging User Fees For Survey Revisits - Arbitration: Family Member Had No Authority To Sign For Patient, Estate’s Case Will Go To Court - Patient Burned In OR: Too-Hot IV Bag Used For Positioning - C-2 Nerve Block: Post-Op Nurses Did Not Consult With A Physician - Post-Op Care: Failure To Monitor O2 Saturation - Catheterization: Large Verdict For Nurse’s Negligence - Sexual Assault: Nurse Had Assaulted A Patient - Sexual Misconduct: Minor Patient’s Acting Out Put Staff On Notice Of Potential For Abuse - Chest X-Ray: Nurse Liable For Mix-Up - Falsification: Nurse’s Firing Justified - Psych Meds: Court Discusses Criteria For Involuntary Administration - Prenatal Care: Mother And Fetus Are Both Considered To Be Patients - FLSA: Are Personal Caregivers Entitled To Overtime? Skilled Nursing: Court Reviews, Reaffirms Criteria For Medicare Part A Coverage - Fall From Wheelchair: Facility Did Not Assess Patient - Fall From Bed: Wheels Not Locked, Facility Faulted - Smoking: Unsupervised Patient Burned Badly, Dies - Living Will: Patient Treated Without Her Consent, Jury Awards Family Damages.
July 2007 Cancer Chemotherapy: Fired Nurse Can Sue For Disability Discrimination, Court Says - Labor & Delivery: Lawsuit Faults Nurse, Failed To Alert Other Physicians First-Year Resident Was “In Way Over His Head ” - Faulty Transfer: Patient’s Suit Dismissed - Cause Of Death: Death Certificate Not Conclusive - Polygraph: Not Admissible In Court, One Way Or The Other - Needlestick: Court Looks At Proof Linking Injury To HIV Seroconversion - Medical Error: Nurse Did Not Tell Parents, Case Dismissed Against Nurse - Race Discrimination: Court Gives Employers More Latitude To Make Decisions - Pre-Surgical Assessment: Nurse’s Error Linked To Post-Op Infection - Cholesterol Screening: Nurse Practitioner Did Not Follow Up - ER: Testicular Injury Requires Prompt Attention From Urologist - Emergency Room: Severed Fingers Require Prompt Attention From Orthopedist - Narcotics Diversion: Court Discounts Fired Nurse’s Version Of The Story - Vitamin K: Jury Unable To Find Negligence - Decubitus: Bad Outcome Does Not Prove Negligence - Discharge Instructions: Nurse And Physician Ruled Not Liable - Home Health: Nurse Can Sue Patient - Labor Law: Is A Charge Nurse A Rank And File Employee Or A Supervisor? - National-Origin Discrimination: Nursing Home Employees Not Allowed To Use Own Language - Nursing License: False Statement Can Be Grounds For Suspension - Family Member Faints At The Sight Of Blood: Court Rules Hospital Is Not Liable For His Injury/.
June 2007 Gentamicin Toxicity: Patient Ruled Entitled To Large Verdict For Medication Mix Up - IV Anesthetics: Court Faults Use Of Non-Licensed Personnel - Perioperative Care: Nurses Ruled Not Negligent. Corticosteroids: Physicians Failed To Read Nursing Notes - Nursing Expert: Basis For Opinion Must Be Disclosed - Cardiac Arrest: Nurses Ruled Not Liable - Civil Rights: Corrective Interview Was Refused - Duty To Warn: Nurse’s Actions Vindicated - Combative Patient: Jury Rules Hospital Staff Not Liable - Transport: Staff Must See That Vulnerable Patient’s Belt Is Buckled - IV Therapy: Nurses Faulted, Did Not Change, Rotate IV Sites - Breech Birth: Nurse’s Prenatal Care Faulted - Fall From Bed: Nursing Home Settles With Resident’s Estate - Angiogram: Nurse Did Not Watch For Signs Of A Stroke - Police Wanted Access To Patient: Court Finds Nurse’s Actions Were Appropriate - Verbal Abuse: Court Says Aide’s Firing Was Justified - Continuous Bladder Irrigation: Court Faults Nurses - Cervical Ripening Tied To Death Of Newborn - Post-Operative Care: Nurses Are Faulted - Intermittent Pneumatic Compression: Aides Did Not Detach Before Moving Patient - Meniere’s Disease: Nurse Has A Disability, Is Entitled To Reasonable Accommodation - Bipolar Disorder: Employee Has A Disability - Anxiety: Home Health Aide Is Not Disabled - Living Will: Patient Was Intubated, Kept Alive Six Days, Jury Awards Damages - Patients’ TV: Nurses Can Sue For Sexual Harassment - Patient’s Falls: Skilled Nursing Facility To Pay Large Verdict - Shoplifting: Aide Disqualified From Working With Vulnerable Adults - Misconduct: Too Many Absences Are Grounds For Firing - US Family And Medical Leave Act: Nurse’s Bonus Hours Do Not Count Toward Statutory Eligibility.
May 2007 ICU Nursing: Death Of Patient Post-CABG Surgery Tied To Substandard Nursing Care - Misconduct: Nurse Gave Unfamiliar Med Without Looking It Up, Termination For Cause Upheld - Patient Abuse: Nurse Used Pillow To Muffle Patient’s Cries - Resident Unbuckles Chair Safety Belt, Falls: Facility Ruled Negligent - EMTALA: Court Says Nurse Practitioner Properly Discharged ER Patient - Cunningham Clamp: Facility Faulted For Inadequate Patient Teaching - Cerebral Palsy: Patient Drowns In Bathtub In Developmental Center - Patient Assault In Long Term Care: Facility Held Liable - Elopement: Psych Patient’s Family Awarded $12,000,000 For Wrongful Death - Unrestrained Stroke Patient Falls From Bed: Jury Rules Caregivers Not Negligent - Patient Falls: Family Obtains Settlement - Sign-Language Interpreters: Court Says Deliberate Indifference Required For Patient To Sue - Labor & Delivery: Newborn’s Cerebral Palsy Tied Directly To Nursing Negligence - Preeclampsia: Nurse Gave Pitocin, Ordered To Pay Share Of Verdict - Prenatal Test: Fax To Doctor’s Office Not Enough - Pitocin: Nurses Broke Hospital Rules, Large Verdict For Patients - High-Risk Pregnancy: Death Of Newborn Tied, In Part, To Nursing Negligence -
April 2007 Patient's Falls: Court Allows Internal Incident Reports To Come Out In Patient's Lawsuit - Murder/Suicide: Facility Should Have Sought Psych Hold On Release From Intermediate Care - Patient Suicide: Hospital Liable - Patient Suicide: Hospital Not Liable - Prescription Rx: Employee Can Be Terminated For Drug Reaction On The Job - Skin Burned In OR: Negligence Not Presumed - Vascular Catheterization: Guide Wire Left Inside Disabled Patient, OR Physicians, Nurse Liable - Constitutional Rights: Inmate Can Sue Private Hospital Nurse - FMLA: Job Cut Back During Leave, Reinstatement Not Required - Restraints: Drugs Not To Be Used For Discipline Or Convenience - Nurse Falls: Negligence Not The Issue For Worker’s Comp - Power Of Attorney: No Guardian Needed - Human Tissue Donation: FDA Issues Revised Guidelines - Rehab Nursing: Doctor’s Orders Re Helmet Must Be Followed - Nursing Error: 72% Acetic Acid Solution For HPV Test - Ventriculostomy Catheter: Nurse Infused Mixture Meant For IV - Patient Admits Drug Use: No Reasonable Expectation Of Privacy - Bed Rails: Professional Judgment Is Required - Abuse Registry: Length Of Prior Service Is Irrelevant - False Imprisonment: Nursing Home Patient Can Sue - Medicare/ Medicaid: Court Lets False Claims Act Case Go Forward - Sexual Assault: Nursing Notes Help To Convict Perpetrator - Civil Rights: Different Discipline For Same Offense Is Discrimination -
March 2007 Faulty Shower Chair: Court Lets Patient Sue For Violation Of JCAHO Safety Standards - Narcotics Diversion: Employer Went Beyond Collective Bargaining Agreement, Nurse Can Sue - Employment Discrimination: Court Upholds Nurse’s Right To Sue - Sexual Abuse: Nurse Has Duty To Report, Cannot Suffer Retaliation From Employer - Nurse Did Not Follow Orders: Termination Justified - Employment References: Nurse Sues Former Supervisor For Defamation, Lawsuit Thrown Out - Mental-Health Hold: Nursing Documentation Can Be Crucial - Iodine Allergy: Suit Upheld - Excessive Heat: Suit Against Nursing Home Not Covered By Insurance - Alzheimer’s: Facility Must Appreciate Elopement Risk - Patient Transport: Hospital Failed To Assess Need For Restraint, Patient Fell - CNE: Worker’s Comp Coverage - Confidentiality: Charts, Incident Reports Have Different Roles In Patients’ Lawsuits - MRSA: Court Discusses Liability For Post-Op Infection - Nursing Home Admissions: Fairness Of Arbitration Questioned - Nursing Home Admissions: Safety Of Others Must Be Considered - Nursing Home Admissions: Assets Too High For State Aid.
February 2007 Terrorist Threat: Nurse Broke Psych Patient’s Confidentiality By Phoning Secret Service - Drug-Free Policy: Nursing Home Is Allowed To Fire Employee For Furnishing Drugs To Resident - Sexual Harassment: Attendance Policy Questioned - Sexual Harassment: If Employer Knows, Must Take Action - Same-Sex Sexual Harassment: Court Sees Basis For Suit - Worker’s Comp: Violation Of Safety Rule Can Bar Right To Compensation - Chest Pains: Nurse Should Have Notified Physician - Psych Triage: Nurse Ruled Not At Fault - Sign-Language Interpreters: Court Wrestles With Patient’s Disability-Discrimination Suit - Ingestion Of Controlled Substance: Nurse Ruled Not Liable For Death Of Detainee - Confidentiality: Gossip Leads To Lawsuit For Invasion Of Privacy - Nursing Documentation: Suit Against Physician Dismissed - Nursing Documentation: Physician Did Not Read Nursing Notes - FMLA: Not Enough On-Site Employees -Fibromyalgia: Nurse Did Not Inform Supervisors Why Absent, Lost FMLA Rights - Home Health: Court Blames Nurses, In Part, For Patient’s Downhill Course - Home Health: Auto Accident Is Covered By Workers Comp - Pre-Surgical Consent: Nurse Acted Properly, Court Says - FMLA: Employee Entitled To Same Or Equivalent Position Upon Return - Arbitration: Family Member Cannot Sign For Patient - Asthma: Court Sees School Nurse’s Negligence As Cause Of Student’s Death.
January 2007 Medication Ordered Is Contraindicated: Court Discusses Nurse’s Legal Responsibilities - EMTALA: Court Interprets US Regulations Re Timing Of Triage, Insurance-Status Inquiries - EMTALA: ER Patient Admitted To ICU, Treated, Released AMA, Court Sees No Violation - Hospital Patients’ Rights: New Medicare/Medicaid Regulations Take Effect January 8, 2007 - Authentication Of Verbal Orders: New CMS Regulations Take Effect January 26, 2007 - Hospital Discharge Appeal Rights: New CMS Regulations - Diabetes: No Insulin Given, Court Finds Negligence - Chemical Dependency: Court Defines Nurse’s Employer’s Duty Of Reasonable Accommodation - Arbitration: Surrogate Cannot Sign For Patient - Alzheimer’s: Aide Who Punished Uncooperative Patient Convicted Of Cruelty To An Infirm Person
December 2006 Nasogastric Tube: Feeding Continued While Position Still Being Checked, Patient Dies - Endotracheal Tube Dislodged: Court Faults Nursing Care - Alzheimer’s: Patient Wanders, Adult Day Program Not Liable - Narcotics Diversion: Nurse’s Behavior Created Reasonable Suspicion, Justified Drug Test - Disability Discrimination: Injured Nurse Treated Same As Others For Sedentary Jobs - Disability Discrimination: Nurse Must Respond To Codes - Patient Falls: No Bed Alarm, Court Awards Family $1 Million - Skilled Nursing Care: Court Sees Substandard Practices With Restraints, Skin Care, Incontinence Care, Upholds Penalties - Scalding Hot Tea Spilled On Patient: Nurse Found Negligent - Lap Sponge Left Inside: Court Splits Fault Between Nurses And Physician - Hypoglycemic Episode: School Nurse Ruled Not Guilty Of Negligence - Oxygen Off Briefly: Court Unable To Fault Hospital’s Nurses - Nursing Homes: Prompt Transport To Hospital Is Required - Nursing Documentation: Amniocentesis Did Not Cause Eye Injury - MRSA: Suit Claims Nurse Should Have Seen The Signs - Preemie: Multiple IV Sites, Nurses Ruled Not Negligent - Advance Directives: Court Says When In Doubt, Resuscitate - Nurse As Whistleblower: Disparaging Comments To Family Member Are Not Protected By Law
November 2006 Surgical Consent Forms, Informed Consent: Court Finds That Nurse Acted Appropriately - Stroke Patient Chokes On Food, Dies: Court Discusses Legal Standard Of Care - Fall From Table: Court Upholds Quadriplegic’s Right To Sue - Fire Safety, Alcohol-Based Hand Rubs: New CMS Regulations - Injection Injury: Emergency Department Nurse Ruled Not Negligent - Bed Trapeze Collapse: Court Faults Nurse, Ortho Tech - Lantus Insulin: Inmate Sues For Mismatch - Patient Suicide: Court Throws Out Family’s Wrongful Death Lawsuit - Sexual Assault: Court Upholds Aide’s Workers Compensation Claim For PTSD - Perinatal Care: Arnold Chiari Malformation (ACM) Patient Injured, Given Large Award - No-Solicitation Rule: Court Says Employer’s Actual Practices Discriminated Against Labor Union - HIV: Court Allows Family To Sue Nursing Facility For Disability Discrimination - Incapacitated Patient: Durable Power Of Attorney Invalid - Incapacitated Patient: Court Appoints Guardian To Uphold Patient’s Best Interests - Reasonable Accommodation: Light Duty Need Not Be Continued - Bipolar Disorder: Disability Discrimination Suit Dismissed - Discrimination: Employee Can Sue For Retaliation - Heparin Overdose: Murder Conviction Upheld - Family Member Falls: Court Rules Hospital Had Knowledge Of Stool’s Tendency To Roll Away
October 2006 Nurse Finds Illegal Contraband In Patient’s Clothing: Patient’s Rights Were Not Violated - Drugs Were In “Plain View,” Nurse Did Not Violate Patient’s Rights - Confidentiality: Phone Contact With Family Member Ruled Improper - Confidentiality: Kids Allowed To Copy Charts - Organ Donation: Court Faults Donor Screening - Back Problems: FMLA Leave For Chiropractic - Elopement: Detox Patient’s Actions Not Foreseeable - Elopement Attempt: Psych Patient Can Sue For Injuries - Self-Harm: Courts Faults Psych Facility - Birthing Bed Collapses: Nurse Midwife Held Liable - Assisted Living: Facility Liable For Murder By Resident - Misconduct: Was Care Plan Communicated To Fired Aide? Identity Theft, Vulnerable Victim - Incident Reports: Court Discusses Extent Of Quality Review Privilege - Bed Rails: Court Discusses Legal Liability Considerations - Huntington’s Chorea: Care Faulted Because Of Poor Nursing Documentation - Latex Allergy: Court Upholds Nurse’s Legal Rights - Medicare: Three Days Of Prior Inpatient Care To Qualify For Skilled Nursing Do Not Include ER, Observation Time - Flu Vaccine: New Recommendations, Information Materials From CDC - Gifts From Patients: Wrong, But Not Theft - IV Not Changed: Court Upholds Nurses’ Judgment - HIV: Test Results Pending, Discharge Instructions Must Stress Patient Follow Up - Discrimination: Alzheimer’s Patient’s Racial Slurs Do Not Create A Hostile Work Environment
September 2006 EMTALA Violation: Hospital’s Procedures Not Followed, Patient Discouraged From Staying - Informed Consent: Patient Has A Right To Know Extent Of Student Participation - Lasik Eye Surgery: Nurse Did Obtain Informed Consent From The Patient - Decubitus Ulcer: Facility Found Liable, Patient’s Legal Case Supported By The Inadequacy Of The Nursing Documentation - Carpal Tunnel: Computer Data Entry Essential Function Of Nurse’s Job - Discrimination Case: Victim Cannot Break Medical Confidentiality - Discrimination: Med Errors Are Grounds For Termination - Discrimination: Gratuities From Patients Are Grounds For Termination - Discrimination: Minority Must Point To Non-Minority As Basis For Comparison - Bosnian Male Nurse: Discrimination Claim Denied - Skilled Nursing: Multiple Violations Of Medicare Standards, Civil Monetary Penalties Upheld - Postpartum Bleeding: Jury Rules Nurses Not At Fault - Freedom Of Speech: Aide Sues For Retaliation, Nursing Home Conditions Are A Matter Of Public Concern - Psych Take-Down, Positional Asphyxia: Court Upholds Family’s Wrongful Death Lawsuit
August 2006 Decubitus Ulcer: Court Sees Good Reasons For Nurses Not To Turn Burn-Injury Patient - Understaffing, Fall, No Neuro Assessment, Epidural Hemorrhage, Death: Nurses Faulted - O. R. - : Nurse’s Documentation Wins Lawsuit - Patient’s Fall: Nursing Documentation Inadequate, Verdict For The Patient - Hearing-Impaired Patient: Court Discusses Adequacy Of Interpretive Services Offered - MS: Physician Had Cleared Nurse To Work, Court Sees Disability Discrimination - Correctional Nursing: Court Rules Nurse Was Deliberately Indifferent To Inmate’s Serious Medical Needs - Discrimination: Victim Must Identify Non-Minorities Treated Better - Disability Discrimination: Nurse Sues Over Side Effects Of Employer-Required Treatment For Methicillin-Resistant Staph Infection - Suture Removal: Nurse Faulted, Cidex Dripped Into Patient’s Eye - Patient Falls: Two-Person Lift Not Performed - Shaken Baby:Court Discusses Nurse’s Legal Duty Of Care - Worker’s Comp: Mental Stress From Traumatic Event Covered - Worker’s Comp: Court Finds Exception To “Coming And Going” Rule - Adverse Patient-Care Incident: Nurse’s Own Notes Ordered To Be Given To Patient’s Attorneys - Patient Falls: No Expert Needed
July 2006 Failure To Report Child Abuse: Large Verdict Rendered Over Physician’s, Nurse’s Inaction - Blood Infusion: Nurses Did Not Clarify, Follow Orders, Death Tied To Negligence - ER: Patient Was Given Standard Care, No EMTALA Violation - Accusations Of Narcotics Diversion: Court Must Look At Agency Nurse’s Legal Rights - Hepatitis A: New Vaccine Info Materials From CDC - Hepatitis C: Occupational Disease For A Caregiver, If Linked To Exposure At Work - Labor Law: Nurses Must Pay Union Dues Or Be Fired - Overtime: Fair Labor Standards Act Applies To Agency Nurses - Aides Resist Colostomy Care: Facility’s Reactions Ruled Unfair Labor Practices - Expert Witnesses: Courts Are Seeing A Wider Role For Nurses In Medical Litigation - Feeding Tube: Nurses Cleared Of Negligence In Patient’s Death - Operating Room: Range Of Motion Exercises For Non-Operative Leg, Ortho Case - Race Bias: Court Rules Day, Night Nurse Manager Positions Not Equivalent, Pay Differential OK - Freedom Of Religion: Court Looks At Nurse’s Right To Refuse To Participate In Treatments Based On Moral Convictions - Negligent Urinary Catheterization: Court Says Prostate Surgery Patient’s Case Can Go Ahead
June 2006 June 2006 - ICU Psychosis: Jury Holds Physician And Nurse Responsible For Patient’s Suicide - Bed Rails Down, Patient Falls: Nurse Ruled Negligent - Nurse OK As Expert Witness - Psych Patient Commits Murder: Nurse, Other Caregivers Ruled Not Liable - Patient Will Not Leave Hospital: Judge Provides Court Order - Arbitration: Court Sees No Unfairness, No Reason Not To Enforce Arbitration Clause - Burst Appendix: Nurse Faulted, Did Not Check Temps - Patient Falls: Patient Not Checked For Injuries - Blood, Urine Taken In ER: Court Reviews Definition Of Medical Emergency - Sleeping On Duty: Employee Excused Of Misconduct - Patient Falls: Nurses Should Have Sought Restraints - Breach Of Confidentiality: Hospital Worker Not Guilty Of Misconduct - Gastrostomy: Sepsis, Death Tied To Nurses’ Failure To Check Patency Before Feeding - Patient Falls While Nurses Were Busy With Another Patient: Court Finds Negligence - Nurse As Patient Advocate: Court Sets Standards - Labor Law: Nursing Home RN’s, LPN’s Are Supervisors, Use Independent Judgment To Direct, Discipline Other Employees - Age Discrimination: Hospital Had Grounds To Fire Nurse, Court Throws Out Bias Allegations
May 2006 EMTALA: Intoxicated Patient Leaves AMA, Court Says Hospital Did Not Violate The Law - Patient’s Unexplained Wrist Fracture: Court Looks At The Nursing Documentation To Blame Nursing Home, Exonerate Hospital - Patient Abuse: Psych Patient’s Hair Cut, Face Shaved While Physically Restrained - Stillborn Fetus: Hospital Unable To Account For Remains, Court Says Parents Can Sue - Whistleblower: Aide Can Sue For Wrongful Termination, Had Raised The Issue Of Abuse Regarding Patient’s Fall - Post-Surgical Ambulation: Court Sees No Deviation From Legal Standard Of Care - Epilepsy: Court Finds Post-Ictal Emergency Care Substandard - Substandard IV Technique: Court Declines To Hold Nurse Liable - Substandard Nursing Home Care: Court Upholds Fraud Conviction - Unsanitary Nursing Practices: Court Imposes The Strictest Penalties Allowed By Law - Illegal Use Of Restraints: Nursing Home Liable For Patient’s Death - Patient Falls: Court Sees Lack Of Nursing Leadership, Seat Alarm Should Have Been Used - Patient Falls: Court Finds No Liability - Nurse Practitioners vs - Physicians Assistants: Nurses’ Equal Pay Act Lawsuit Will Go Forward - US Fair Labor Standards Act: Hourly Nurse Practitioners And Hourly Physicians Assistants Do Qualify For Overtime Pay
April 2006 Hospital Bed Entrapment: New Guidance From FDA - Hospital Bed Strangulation, Positional Asphyxia: Case Raises Complex Legal Issues - PCA, Morphine Overdose: Court Puts Fault On Nurses - Skin Care: Court Refuses To Blame Nurses, Sees Care As Adequate In All Respects - Urine Sample: Misdiagnosis Of Renal Bleeding Tied To Nurses’ Negligence - Kidney Misdirected: Appeals Court Says Recipient May Have The Right To Sue - Stillborn Fetus: $2,000,000 Jury Verdict Upheld, Parents Were Denied Right To Proper Burial - Sexual Harassment: Hospital Fulfilled Its Obligations, Nurse Can Still Sue For Retaliation - Whistleblower: Nursing Director’s Suit Upheld - Child Abuse: Court Places Some Blame On Health Care Providers - Internal Bleeding: Nurse Faulted For Not Taking, Recording Vital Signs - Confidentiality: Disclosure Of Roommate’s Name Does Not Violate HIPAA - Confidentiality: Disclosure Of Roommate’s Name Does Not Violate HIPAA - Serum Mix-Up: Court Sees No Harm, No Foul - Civil Rights: Circulating Nurse Violated Sponge-Count Rules, Discrimination Lawsuit Dismissed
March 2006 Islamic Nurse: Court Discusses Religious Discrimination Issues - Nurse As Patient Advocate: Nurse Should Have Questioned Why No Order Was Written - Nurse Suspended, Unable To Wash Hands: Court Throws Out Disability Discrimination Lawsuit - Labor Law: Hospital Must Collect Union Dues, Fire Non-Union Nurses - Court Throws Out Arguments Based On Nursing Shortage - Disability Discrimination: Nurse Not Entitled To Keep Extraordinary Accommodation - Patient Logs vs - Patient Records: Court Discusses Quality Review Confidentiality - No-Spanish Rule: Court Finds Discrimination But Sees No Grounds To Award Damages - Stress: High Cholesterol Can Be A Nurse’s Occupational Disease - Patient vs - Patient Assault In Long Term Care: Court Finds Violation Of Federal Regs - Refusal To Attend Interview: Court Finds Misconduct - Patient Found On Floor: Court Sees No Nursing Negligence - No Seatbelt: Wheelchair Patient Injured In Van Accident - Post Surgical Drainage: Jury Believes Family, Awards Damages - Misappropriation Of Resident’s Funds: Court Places Aide On Permanent Disqualification List - Prison Nursing: Court Sees No Deliberate Indifference To Serious Medical Needs - Shower Chair Breaks: Court Allows Lawsuit To Go Forward - Evidence Missing From The Chart: Judge Should Have Told The Jury They Could Draw Their Own Conclusions
February 2006 Nurse Tells Patient He Might Have Lung Cancer: Court Discusses Liability For Patient’s Suicide - Home Health: Nurse Has Firefighters Break Into Patient’s Home, Trespass Suit Nixed - MRI: Ferrous O2 Tank Drawn In By Magnet, Kills Pediatric Patient - Unknown Patient’s Remains: Court Says Hospital Is Not Liable For Family’s Emotional Distress - Child Abuse: ER Triage Nurse Cleared Of Allegations She Failed To Spot The Signs - Home Health: CMS To Require Electronic Submission Of OASIS - Recreational Activity: Did This Elderly Person Assume The Risk? Post-Surgical Care: Nurses Did Not Give Anticoagulant, Court Blames Nurses For Embolus - CMS: Quarterly Medicare/Medicaid Listings Available - Labor Law: Court Says Mandatory Flu Vaccinations Are Not Allowed By Union Contract With Nurses - Stroke: Nursing Standard Of Care Articulated By Court - Alzheimer’s: Nurses Not Liable For Progression Of Condition - Nurse Cannot Stand, Walk Long Periods: Court Discusses Reasonable Accommodation - Pre-Completion Of Patient Charting: Nurse Can Be Fired For Misconduct - Incontinent Patients Not Changed: Aide Can Be Fired For Misconduct - Licensing: Court Limits Nurses’ Rights While Under Investigation - Arbitration: Nursing Home’s Arbitration Clause Upheld, Enforced - Arbitration: Nursing Home’s Arbitration Clause Thrown Out, Ruled Unenforceable
January 2006 Narcotics Diversion: Other Nurses Were Not Following Procedures, Case Not Proven - Hospice Care: Revised Medicare Eligibility Rules Jan 23, 2006 - No Anti-Embolic Stockings: Hospital Ruled Negligent - Bed Rail Entrapment Hazard: Penalty Upheld - Substandard Exam, Charting: Court Upholds Nurse Practitioner’s Firing - Sexual Abuse Of Patients: Court Rules Skilled Nursing Facility’s Investigations Were Substandard, Upholds Civil Monetary Penalty - Overdose: Unexplained Event Linked To Negligence - Iodine Allergy: Court Does Not Find Nurses Negligent Who Gave Contrast Medium - Telephone Consults: Not A Licensed Nurse, Court Finds Negligence - Long-Term Care Insurance: Federal Court Wrestles With The Definition Of A Nursing Home, Denies Benefits To Policyholder Residing In Personal Care Home - Alcohol Abuse Suspected On The Job: Hospital’s Policy To Require Screening Upheld By Court - MRI / Claustrophobic Reaction: Court Upholds Patient’s Right To Sue, But Rules It Is A Professional Malpractice Case - Nurse Violated Attendance Policy: Retaliation, Disability Discrimination Lawsuit Is Dismissed
December 2005 Duty To Assess, Report, Advocate: Patient’s Death Tied To Negligent Nursing Care - Post-Op Instructions: Nurse Negligent, But No Link Established To Complications - Substandard Nursing Care: Court Upholds Penalties Imposed On Rehab Facility - Patient Falls: Court Agrees With Jury That Rehab Hospital’s Nursing Staff Were Not Negligent - Nursing Notes: Nurses Should Not Give Medical Opinions - Nursing Notes: Patient Fell, But Did Not Dehisce Surgical Wound - Diabetes Care: Court Says Prisoner’s Rights Were Not Violated - Sexual Assault: Court Sees No Liability, Male Nurse Screened Before Hiring - Misconduct: Court Rules Aide Abused Patients - Misconduct: Court Rules Nurse Abused Patients - Decubitus Ulcers, Sepsis: Court Links Patient’s Death To Sub-Standard Nursing Care - Neglect: Aide Had To Watch Two Patients At The Same Time, Charges Dismissed - Flu Vaccine: New Vaccine Info Materials From CDC - Medicare/Medicaid: Regulations Finalized For Posting Of Nurse Staffing Data In Skilled Nursing, Long-Term Care Facilities - Nursing Professionalism: Court Sees Nurse As Independent Contractor, Legal Rights Not Limited By Workers Compensation Laws - Nurse/Patient Advocate: Physician’s Suspension Upheld Based On Nurses’ Complaints
November 2005 Code Status Not Clarified: Court Upholds Penalty Imposed On Skilled Nursing Facility - Aspiration Of Intestinal Contents: Nurses Cleared Of Negligence, Relied Upon Physicians’ Orders - Narcotics, Respiratory Depression, Hypoxia, Brain Injury: Court Applies A Different Standard Of Care In Emergency Situations - Pressure Sores: Court Upholds Sanctions Imposed On Nursing Facility By CMS Inspectors - Employee Misconduct: Elevated Glucose Not Reported To Charge Nurse - Employee Misconduct: Aide Refuse To Participate In Corrective Interview - Employee Misconduct: Discrimination Suit Dismissed - Sleeping On The Job: Nurse’s Disability Discrimination Case Rejected - Fall During Transfer: Court Faults Nurse - Labor Law: Court Says Hospital Must Fire Non-Union Nurses - Long-Term Care: New CMS Regulations Now Require Influenza, Pneumococcal Immunizations - Male And Female Bathed In Same Room: Nursing Home Aide Cleared Of Abuse Charges - Ice Packs Post- Knee Surgery: Nurses Found Negligent, But No Link To Complications - Student Nurse: Errors And Omissions Are Professional Malpractice - Nurse Midwife: Court Finds Substandard Practice, Upholds Suspension Of ARNP License
October 2005 Acute Care, Hypotensive Patient: Jury Faults Nurses, Fall Caused By Nursing Negligence - Disability Discrimination: Hospitals Not Required To Allow Family Members To Use O2 Ports - Diabetic Nurse: Court Links Nurse’s Termination To Incompetence, Disability Discrimination Case Dismissed - Nurse’s Latex Allergy: When Does Statute Of Limitations Run? Patient Abuse: Court Discusses Legal Definition, How Abuse May Be Proven In Court - Drug Addiction/Alcoholism: Federal Court Explains Hospital Employees’ Legal Rights - Asthma Attack: Patient’s Profound Brain Injury Tied To Medical, Nursing Negligence - Military Service: Nurse Sues For Employment Discrimination - Needlesticks: FDA Will Not Change Rules Re Sharps - Confidentiality: Statements To Nurse While In Police Custody Are Privileged - Nursing Home Abuse, Neglect, Negligence: Court Upholds Arbitration Agreement
September 2005 Acute Myocardial Infarction, Ischemia: Court Faults Hospital’s Emergency Room Nurses - Suicidal Verbalizations: Crisis Line Nurse’s Actions Ruled Proper, Lawsuit Dismissed - CDC: Proposed New Vaccine Information Materials For Hepatitis A, Interim Vaccination Materials For Influenza Vaccines - Mid-Forceps Delivery: Court Refuses To Blame Nurses Who Did Not Oppose Doctor’s Decision - Nursing Home Care: Court Finds Nursing Facility Violated Federal Regulations - Pitocin Drip, Hyperstimulation Of The Uterus: Court Holds Nurse Negligent But Not Liable - Long-Term Care: CMS Proposal Would Require Influenza, Pneumococcal Immunizations - Urinary Catheterization: No Violation Of Inmate’s Rights - Patient Consent: Nurse Kept Trying To Start IV After Patient Objected, Medical Battery Allegations Dismissed By Court - Emergency Room: Court Says Triage, Treatment Times Are Relevant, Not Confidential - Hyperthermia: Nursing Home Administrator’s Name Placed On Disqualification List - Family And Medical Leave Act: Nurse Ruled Not Eligible For Leave - Fetal Bleeding: Court Puts Blame On L&D, Neonatal Nurses
August 2005 EMTALA (Emergency Medical Treatment and Active Labor Act): BP Still High At Discharge, Court Says Hospital Failed To Stabilize The Patient - Premature Infant: Court Says Hospital Violated EMTALA Screening Requirement - Vomiting, Aspiration, Arrest: Court Clears Nurses Of Negligence In Patient’s Death - Psychiatric Care: Dangerous Patient Gets Into Kitchen, Takes Knife, Stabs Patient, Facility Sued - Ob/Gyn: Nurse Translated For Physician, Court Sees Negligence - Sign-Language Interpreters: Court Reviews Hospital Patients’ Legal Rights Under Americans With Disabilities Act, Rehabilitation Act - Home Health: Nurse Gets Worker’s Comp For Auto Accident - Home Health: Nurse Gets Worker’s Comp, Hit By Car - Patient Falls While Dressing: Court Finds No Violation Of The Legal Standard Of Care - Family Member Falls: Court Says Nurse Not Negligent - No Ensure: Jail Inmate’s Case Dismissed - Involuntary Transfer: Court Upholds Citation Issued To Nursing Home - Pregnancy Discrimination: Employer Must Explain Why Aide Not Hired After Training - Neglect: Autism Patient Allowed To Eat Plastic Straws - Abuse: Aide’s Firing Upheld, Did Not Follow Union Rules, Cannot Sue
July 2005 Incident Reports: Court Points Out Exception To Quality-Review Confidentiality Rules - Faulty Respiratory Assessment: Patient’s Death Tied To Nursing Negligence - Understaffing: Large Verdict Against Nursing Home - Sign-Language Interpreters: Court Reviews Hospital Patients’ Legal Rights Under Americans With Disabilities Act, Rehabilitation Act - Macrosomal Fetus: Court Says Physicians, Nurse Midwives Followed The Standard Of Care - Nursing Home Liability: State Investigation Proves Nothing, Court Rules - Informed Consent: Case Dismissed, In Part Due To Nurse’s Actions - Skin Care: Patient Dies From Sepsis, Jury Returns Verdict For Nursing Home - Confidentiality: Court Rules When Patient’s Name May Be Revealed - Medical Devices, Adverse Event Reporting: FDA Revises Rules - Tissue/Cell Donors: New Rules From FDA - Race Bias: Nurse Must Identify Non-Minority For Comparison - Medication Allergy: Nurse Gives Med, Court Finds No Medical Battery - Fall In Nursing Home: Court Says Someone Should Have Been Given Responsibility - Arbitration: Parent Can Lawfully Agree On Behalf Of Child - No Legal Right Of Control: Nurse Anesthetist Ruled Independent Contractor - Arbitration: Patients Entitled To Full Range Of Legal Remedies, Arbitration Clause Thrown Out
June 2005 Breast Cancer: US Court Validates Nurse’s Right To Reasonable Accommodation From Her Employer During And After Treatment - Hospital ER Restrains Combative Patient: Court Throws Out Excessive-Force Lawsuit - Job-Related Mental Stresses: Court Disallows Injured Nurse’s Worker’s Compensation Claim - Medication Safety: FDA Announces Pilot “Drug Watch” Informational Program - Labor Relations: Court Rules Nurses’ Strike Illegal, Allows Employer To Fire Them - O - R - : Incorrect Sponge Count Excused, Was An Emergency - West Nile Virus: FDA Revises Guidelines For Blood Donors - Misconduct: Harassment Of Nursing Home Patient Ruled Grounds For Termination - Patient Abuse: Aide Convicted Of Criminal Offense - Abuse: Aide No Longer To Work With Vulnerable Adults - Family And Medical Leave Act: Court Upholds Nurse’s Lawsuit - Disability Discrimination: Nurse Not Disabled, Suit Dismissed - Nurse As Expert Witness: Opinions Found Inadequate, Patient’s Case Dismissed - Post-Op Care: Nurses Followed The Standard Of Care, Not Liable For Patient’s Death - AV Dialysis Fistula: Hospital Not Liable For Accidental Exsanguination - Continuous Passive Motion: Court Finds Nursing Care Negligent - Long Term Care: Court Discusses Legal Issues Re Patient v - Patient Sexual Assault
May 2005 Persistent Vegetative State: Prominent Recent Case Has Not Changed The Legal Fundamentals - Religious Discrimination: Nurse Fired For Preaching To Patients, Court Backs Hospital’s Actions - Workers’ Comp: Nurse Covered, Was Performing A Service For Employer Going For Food For Other Nurses - Misconduct: Threat Toward Co-Worker Ruled Grounds For Termination - Family And Medical Leave Act: Court Discusses Nurse’s Right To Reinstatement - Involuntary Discharge From Nursing Home: CMS Rules To Be Followed Or Resident Can Be Ordered Re-Admitted - Medicare/Medicaid: New Standards, Fire Safety In Healthcare Facilities, Verbal Orders In Hospitals - Organ Donation: Court Says Beneficiary Cannot Sue For Kidney Given To Another - Medical Malpractice: Discovery Rule Applied Against Nurse, Understood Her Own Condition - No Designated Driver: Court Refuses To Place Liability Burden On Discharge Nurses - Narcotics Diversion: Nurse Has Right To See Other Patients’ Charts, If Patients’ Identities Are Protected - Nursing Home Residents’ Bill Of Rights: Patient Allowed To Lie In Waste, Lawsuit Allowed
April 2005 Patient Education: Nurses Are Sued For Talking Down To Patient, Case Dismissed - Adult Diaper Not Changed: Lawsuit For Loss Of Dignity, Nursing Home Residents’ Bill Of Rights - Understaffing: Court Looks At Widespread Pattern, Orders Large Judgment Against Nursing Home’s Management Company - Abuse Of Dependent Adult: Facility Administrator Convicted, Failed To Report Incident With Staff - Vomitus Aspiration: Nurse Cleared Of Negligence In Patient’s Death Post-Op - Confidentiality: Nurse Fired, Reported Drug Dependency Patient To Local Police - Exit Interview: False Charges, Emotional Distress Lawsuit - Pregnancy Discrimination: Employee Does Not Actually Have To Be Pregnant To Sue - HIPAA: Court Discusses Requirements For Contacts With Attorneys In Litigation - Nursing Home Admissions: HIV Discrimination Suit Upheld - Correctional Nursing: Nurse Not Deliberately Indifferent, Prisoner’s Suit Dismissed - Nurse’s Med Error: No Deliberate Indifference - Male Nurse, Female Supervisor: Court Validates Gender-Discrimination Lawsuit
March 2005 Combative Episode: Jury Finds Negligence, Soft Restraints Not Used To Control Patient - Workers Comp: Court Allows Payment For Nursing Services Provided By Family Member - Dilantin Toxicity: Court Holds Nurses, Pharmacists Liable For Medication Error - Premature Infant: Court Questions Early Discharge, Discharge Instructions - Psychiatric Patient Threatens To Harm Family Member: Court Points To Duty To Take Action - Non-Competition Agreement: Nurses Went To Work For Another Home-Health Agency - Non-Competition Agreement: Old Employer Entitled To Nominal Damages - Will Contest: Court Looks To Nurse To Testify On Mental Capacity - Lifting Restriction: Court Says Nurse Not Disabled As Defined By The ADA - Post-Surgical Immobilization: Court Looks At Differing Nursing, Medical Responsibilities - Premature Infant: Lawsuit Asks Court To Adopt Legal Rule Of Loss Of Chance Of Survival - Cardiac Cath: No Post-Op Nursing Negligence - Distending Fluid: Fluid Uptake Is Physician’s Responsibility - High Fall Risk: Patient Left Alone On Commode, Court Finds Nursing Negligence - Misconduct: Aide Stole Patient’s Funds - No Misconduct: Aide Questioned Nurse’s Decision
February 2005 Patient Leaves Against Medical Advice: Court Throws Out Allegations Faulting The Nurses - Elder Abuse, Neglect, Nursing Negligence, Pain Management, End-Of-Life Issues: Court Rules On Complex, Multifaceted Lawsuit - Testamentary Capacity To Execute A Will: Judge, Jury And Experts Look To Nursing Notes - Physician’s Standing Orders: Court Faults Nurses, Pre-Operative Antibiotic Not Given - Pap Smear Report Not In Chart: Suit Faults Nurse For Patient’s Death - Fair Labor Standards: Court Says Nurse Practitioners Do Get Overtime - Door Alarms Not Functioning: Court Approves License Revocation - Defamation: Employee Can Sue Over Theft Allegations - Workers Comp: Assault At Work Not Covered, Was Domestic Violence - Workers Comp: Notice Must Be Given To Employer At Time Of Injury - Patient Abuse: Court Looks At How The Evidence Will Be Weighed - Informed Consent: Court Allows Nurses To Get Patient To Sign, After Physician Has Explained Procedure - Informed Consent: Court Accepts Nurse’s Testimony That Patient Consented - Scope Of Practice: Court Says Psychiatric Nurse Practitioner Can Testify As Expert For Involuntary Administration Of Medications - Nursing Home Admissions: Court Says Adult Son Is A Proper Party To Sign On Resident’s Behalf
January 2005 Bowel Obstruction, Emesis, Aspiration: Hospital Nurses Faulted For Patient’s Death - Tuberculosis: New Draft Guidelines From CDC For Preventing Transmission In Healthcare - Restraining Order: Court Validates DON’s Actions - Concerted Action: Court Throws Out Nurse’s Wrongful Discharge Suit - False Billing, Illegal Scripts For Controlled Substances: Doctor, Nurses Found Guilty - Medicare/Medicaid Fraud: Retaliation Claim Upheld - Waking Patients Early: Aide Violated Care Plans, Court Sees Misconduct Justifying Termination - Mentally-Challenged Patient: Special Care Required In Assessment After Incident - Harvesting Of Organs: Nurse Found Guilty Of Bad Faith - No Heavy Lifting: Nurse Turned Down Offer Of Reasonable Accommodation, Disability Discrimination Lawsuit Is Denied By Court - Resident Falls In Nursing Home: No Negligence Established - Peer Review: Court Rules Nursing Home Incident Reports Are Confidential - Discrimination: Court Rules Medication Error Is Grounds To Fire Nurse - Guardianship: Court Relies Upon Testimony From Patient’s Nurse - Faulty Transfer Technique: Verdict For Damages Upheld, No Elder Abuse Found
December 2004 Family And Medical Leave Act: Nurse Entitled To Same Work Shift On Return From Leave - Arbitration: Court Says Nursing Home Admission Agreement Not Enforceable, Jury Trial Ordered - Arbitration: Resident Was Legally Blind, Admission Contract Still Enforceable - Substandard Nursing Practice: Court Upholds Board’s Disciplinary Probation For Nurse - Advanced Practice / Script Authority: Court Finds No Unprofessional Conduct - Dura Hooks: Confusion Over Sharps Count Leads To Lawsuit - Assault On Healthcare Worker: Crime Defined - Needlestick: Court Permits Lawsuit Against Nurse’s Employer - Against Nurse With Diabetes, Multiple Medical Problems: Employer Violated His ADA Rights - No Assistance To Bathroom: Court Looks For Malpractice - Workers Comp: No Employer Retaliation Seen, Case Dismissed - Latex Allergy: Nurse Exposed Before, Had Baseline Condition - Emergency Room: Court Reviews Hospital’s Security Procedures - Informed Consent: Court OK’s Use Of Medications In Life-Threatening Emergency - Nurse Forced To Work Overtime After Back Injury: Lawsuit Thrown Out - Agency Supplied Uncertified Aides To Nursing Homes: Criminal Conviction Upheld By Court
November 2004 Diabetic Patient: Court Validates Wrongful Death Lawsuit Against Nursing Facility - Defective Hospital Equipment: Court Validates Injured Nurse’s Right To Sue - Nurse’s Latex Allergy: Court Issues Ruling On Complicated Statute Of Limitations Issues - Job Stress: Court Says Workers Compensation Is Nurse’s Only Legal Option - Carpal Tunnel: Court Sees No Connection To Work In Nursing Home, Aide’s Case Dismissed - Nursing Home Litigation: Court Rules Other Residents’ Records Are Relevant, Allows Access To Lawyer, With Adequate Privacy Protection - Nurse’s Med Error, Patient Falls: No Proof Seen That Negligence Caused Brain Hemorrhage - Lyme Disease: Diagnosis Missed, Court Finds Nurse Practitioner Not Negligent - Employment Grievance: Nurse’s Union Owes Fair Representation - Osteoporosis: Court Sees No Grounds For Lawsuit Alleging Caregiver Mishandled Patient - Labor & Delivery: Court Sees Nursing Negligence As Cause Of Baby’s Neurological Injuries - Legal Ethics: Lawyer Made Improper Contact With Witness, Given Reprimand - Premature Labor: Pitocin Drip Was Nursing Error, Father Still Has No Right To Sue
October 2004 No Assistance To Bedside Commode, Bed Wheels Not Locked: Jury Finds Negligence - Entrapment: New Draft Guidance From FDA Re Hospital Bed Systems - Chlamydia Pneumonia: Nurse Was Infected In The Community, Workers Comp Claim Is Denied - Medicare Advantage: CMS Considering URAC As Accrediting Organization - Discrimination: Insignificant Age Difference No Basis For Suit, Other Factors Present - Spider Bite: Hospital ER Staff Were Not Negligent - Skin Care: Nursing Care Found Substandard, Court Upholds Civil Monetary Penalties - Child Abuse: Court Accepts Trauma Nurse As Expert Witness - Arbitration: Nursing Home Admission Contract Upheld - Workers Comp: Nurse On The Job Picking Up Check, Cannot File Lawsuit - Workers Comp: Field Nurse On The Job While At Home - Faulty Transfer: Court Allows Patient To Sue - Faulty Assist: Patient Must Have An Expert Witness - Incident Reports: Court Upholds Hospital’s Quality Review Privilege - Pregnancy Discrimination: Comparison Must Be The Same In All Respects - Racial Discrimination: Comparison Must Be The Same In All Respects - Incident Reports: Court Upholds Hospital’s Quality Review Privilege
September 2004 Positional Asphyxia: Patient Strangled In Restraints, Court Lets Lawsuit Go Forward - Constipation/Impaction: Nurses Failed To Report Significant Change In Health Status - Punitive Damages Upheld - Post-Surgical Care: Nursing Home Found Liable - Excessive Force Alleged: Court Clears Psych Nurse - Guardianship Imposed: Nursing Home Not At Fault - Failure To Report Child Abuse: Nurse Faulted In Child’s Death - Removal Of Dentures: Court Declines To Fault Nurses - IV Therapy: Lawsuit Alleges Complications From Too Rapid Infusion Rate - Gynecological Surgery: No Proof Linking Nursing Care To Patient’s Stroke - Home Health: Work Comp Covers Workers Coming And Going To Assignments - Labor And Delivery: Court Says Nursing Understaffing Is Valid Grounds For Lawsuit - Budgetary Issues: Court Says Partner, Corporate Officer Can Be Held Liable For Substandard Patient Care - Nurse Failed To Control Unruly Children In ER Waiting Room: Hospital Can Be Held Liable
August 2004 Understaffing: Court Blames DON For Death, Aide Did Not Have Time To Read Care Plan - Labor And Delivery: Nurses Did Not Report Decelerations To Ob/Gyn, Court Finds Nursing Negligence - Nurse’s Duty To Advocate For Patient: Court Puts Roadblock In The Way Of Patient’s Right To Sue - Nurse As Aides’ Supervisor: Court Upholds Nursing Board’s Disciplinary Action - No Designated Driver: Case Should Have Been Cancelled - Health Plans: US Supreme Court Bars Suits For Damages Over Patient-Care Decisions - Deep Vein Thrombosis: Court Stresses Importance Of Post-Op Ambulation By Nurses - Catheterization: Nurses Ruled Not Responsible For Permanent Urinary Retention - Bladder Distention - Employment References: Court Refuses To Hold Prior Employer Responsible For Sexual Assault Committed At Nursing Home - Skin Care: Court Says CMS Must Consider Skilled Facility’s Explanations For Non-Compliance With Federal Regulations - Code of Federal Regulations 42 CFR Part 483 – Requirements for States and Long Term Care Facilities
July 2004 Assessment Started, But No Fall-Care Plan In Place: Court Finds Nursing Staff Negligent - Infection Control In Healthcare Settings: New Draft Guideline Available From CDC - Nurse As Expert Witness: Court Sees No Need For Specialist - Restraint-Free Facility: Aide Supervised Resident Properly, No Negligence Found - Medical Confidentiality: An Exception Exists When One Patient Assaults Another - Quality Assurance: Confidentiality Applies To Nursing Homes - Emergency Room Nursing: Court Criticizes Forced Urinary Catheterization, Allows Lawsuit For Medical Battery To Go Forward - Unionization: Nursing Home Administrator Who Refused To Fire Workers Cannot Sue, Must Complain To NLRB - Ventilator Patient: Family Saw Patient In Distress, But Cannot Sue - Labor & Delivery Nursing: Court Rules Nurse, Doctor Did Not Violate EMTALA - Perioperative Nursing: Sponge Inside Patient, Nurses Faulted, But Consequences Disputed - Cell / Tissue Donor Eligibility: New Guidance From FDA - Seizure Disorder: Hospital Provided Nurse Reasonable Accommodation
June 2004 Quadriplegic Falls From Exam Table: Court Finds Nurse And Doctor Negligent - Medication Administration Records: Recording Another’s Initials Ruled Employee Misconduct - Epidural Hematoma: Hospital Not Liable For Spinal Cord Compression - Court Based Its Ruling On Post-Op Nursing Documentation - Bladder Perforation: Hospital Not Liable For Peritonitis, No Deficit Found In Post-Laparoscopic Nursing Care - Latex Allergy: Court Fixes Date Of Nurse’s Injury With Prior Employer - Time For Filing Worker’s Compensation Claim Has Lapsed - Decubitus Ulcers: Manslaughter Conviction Upheld - Adult Home Operator Had Nursing Training, Should Have Known The Risks - Pregnancy Discrimination: Aide Not Allowed Light Duty Cannot Sue, Federal Court Says - Blood Donors: New History Questionnaire From FDA - Undocumented Injury To Patient: Court Accepts Patient’s Testimony - Persistent Bleeding: Court Finds Fault With Advice Given To Patient
May 2004 Transfer To Wheelchair: Facility’s Rules Not Followed, Court Finds Negligence - Misconduct: Supervisor Tolerated Violations, Court Finds No Justification For Termination - Reasonable Accommodation: Court Says Employee Cannot Pick Supervisor - Peripherally Inserted Central Catheter: Nurse Accepted As Medical Expert, Nurse Who Put In Line Ruled Negligent - Patient Abuse: No Physical Injury Required For Criminal Charges - Acute Myelogenous Leukemia: Court Faults Nurse For Diagnosing Patient With The Flu - Alzheimer’s Dementia: Nurse Assaulted By Patient Cannot Sue Patient For Injuries - Alzheimer’s: Patient Has The Right To Protection From Others - Decubitus Ulcer, Amputation, Death: Court Says Federal Regulations Are The Standard Of Care For Civil Court Malpractice Cases - Medicare: Hospital Swing Beds Are Not Eligible For Disproportionate Share Adjustment, Court Says - Defamation, Wrongful Termination: Awards Upheld For Nurses - Stress, Depression: Nurse Does Not Have Occupational Disease, Court Rules - Blow-By Oxygen: Nurse Faulted For Neonate’s Death
April 2004 Gender Discrimination: Court Weighs Female Patients’ Right To Privacy vs - Male Nurses’ Right To Equal Employment Opportunity - Patient Wanders To Roof, Falls To Death: Court Holds Medical Facility Responsible - Sexual Assault: Psych Nurse’s Consensual Relations With Former Patient Ruled Criminal - Child Abuse: Nurse Upheld For Reporting Physician Who Treated His Own Child - Fluid Intake: Nurses Must Monitor, Record Carefully Before Surgery - Deceased’s Remains: Nurse Tried To Contact Family, Then Called The Coroner - Court Rules Family Member Has No Right To Sue - Discrimination, Retaliation: Filipino Nurse’s Case Upheld - Disability Discrimination: Restriction On Lifting Is Not A Disability - Sexual Assault In Long Term Care: Court Discusses Nursing Home’s Liability - Nursing Home Liability: Court Upholds Arbitration - Medicare/Medicaid: New Data Collection Requirement For Skilled Nursing And Extended Care Nursing Facilities
March 2004 Patient Falls, Develops Decubitus Ulcer: Court Upholds Verdict For Negligence - Premature Discharge, Discharge Plan Not Implemented: Court Blames Nurse For Multi-Million Dollar Verdict Against Health Plan - Patient Falls Getting Out Of Bed: Court Affirms Ruling Of No Nursing Negligence - Medical Records: Court Upholds Nursing Home’s Efforts To Maintain Patient Confidentiality - Tubal Ligation Was Not Done: Court Discusses Nurse’s Liability For Faulty Information - Suicidal Patient: Court Faults Hospital - Admission Contract: Court Refers Wrongful Death Lawsuit To Arbitration - Assault: Court Upholds Criminal Conviction - Student Nurse/Instructor: Court Discusses Host Hospital’s Legal Liability - Home Health: Court Rejects Physician As Expert On Nursing Care - Decubitus Ulcers: Court Finds Substantial Compliance With Patient’s Care Plan, Downgrades Sanctions From State Agency - Decubitus Ulcer: Court Accepts/Rejects Nurse’s Expert Qualifications - Decubitus Ulcers: State Surveys Do Not Prove Negligence
February 2004 Patient Fall: Nursing Notes Prove There Was No Negligence, Lawsuit Dismissed - Medical Directive Ignored: Court Finds Violation Of Nursing Home Residents’ Bill Of Rights - Bowel Tones Absent, No Nursing Follow-Up: Court Sees Misconduct Justifying Nurse’s Termination - Patient Falls: Court Believes She Should Have Been Restrained - Fall From Bed: Nursing Notes Prove No Negligence - Home Health: Court Sees Duty For Aides To Monitor, Report To Nurses On Psychosocial Issues - Birth Injury: L & D Nurses Met Legal Standard Of Care, Court Finds No Negligence - Preeclampsia: Nurses Failed To Advocate For Patient, Punitive Damages Allowed - Arbitration: Court Voids Admission Contract Signed By Family - Disability Discrimination: Nurse Was Offered Reasonable Accommodation, Court Says - Employment Evaluation: Court Gives Supervisors Latitude, Dismisses Nurse’s Slander Suit - Emotional Distress: Nursing Home Resident Can Sue - Misdemeanor Conviction: Nursing License Restricted - Misdemeanor Conviction: Aide’s Certificate Revoked
January 2004 Contraindicated Medication Ordered By Physician: Court Defines Nurses’ Legal Duty To Intervene To Protect Patient - Nursing Home Resident’s Fall: Negligence Suit Allowed - Latex Allergy: Nurse Must Identify Manufacturer, Or Products-Liability Suit Will Be Thrown Out - Discrimination: Court Rules Nurse Not Able To Prove His Case - Stress/Disability Discrimination: Nurse’s Case Dismissed - Voyeurism: Court Gives Nursing Home Residents A Reasonable Expectation Of Privacy - Nurse As Civil Juror: Court Finds No Misconduct - Patient Falls: Court Sees It As Malpractice, Dismisses Case - Patient Falls: Lawsuit Will Go Forward - Labor And Delivery: Patient Not Required To Prove How Burn Injury Occurred During Epidural, Lawsuit Goes Forward Under Res Ipsa Loquitur - Resident Elopements, Assaults: Court Finds Noncompliance With Medicare/Medicaid Regulations, Allows Civil Penalty To Stand
December 2003 Digoxin Overdose: $1.5 Million Punitive Damages - Pressure Sore Was Avoidable: Civil Monetary Penalty Upheld - Elopement From Nursing Home: Court Sets Limits On Nursing Home’s Liability - Freedom Of Speech: Federal Court Throws Out Nurses’ Suit, Sees No Issues Of Public Concern - Healthcare Negligence Investigations: Court Sets The Rules For Contact With Plaintiffs’ Lawyers - End-Stage Alzheimer’s: No Negligence In Patient’s Death From Pneumonia - Neuro Procedure, Post-Op Fall: Multiple Instances Of Nursing Negligence - Faulty Infection Control: Court Sees Immediate Jeopardy - Patient Confidentiality: Nurse Fired For Giving Records To Attorney For Understaffing Lawsuit - Hypertonic Saline Solution: Nursing Negligence In Wrongful Death - Home Health: Nurse Trips, Falls On Client’s Wheelchair Ramp
November 2003 Urinary Catheterization: Nurse Followed Proper Procedures, Lawsuit Dismissed - Surgery On Wrong Hand: Court Rules Nurse Had Legal Duty To Bring Error To Surgeon’s Attention - Re-infusion Of Patient’s Blood: Jehovah’s Witness Can Sue - Confession To Nurse: Criminal Conviction Stands - Combative Patient: Court Approves Emergency Use Of Physical Restraints, Throws Out Patient’s Lawsuit For Battery And False Imprisonment - Russian Nurses: Court Approves Lawsuit Alleging Race, National-Origin Employment Discrimination - Discrimination: Cancellation Of Physician Agreement Seen As Retaliation - Medicare & Medicaid: Paid Feeding Assistants Approved For Long Term Care Facilities - Gender Discrimination: Male Nurse’s Lawsuit Dismissed - Child Abuse: Emergency Room Personnel Not Entitled To Good-Faith Legal Immunity - Hospice Care: CMS Re-Approves CHAP For Medicare, Medicaid - Nursing Home Negligence: Court Throws Out Arbitration Agreement In Nursing-Home Admission Paperwork - Quality Review: Peer Review Privilege Given To Nurse Testing Forms
October 2003 EMTALA: New Regulations For Hospital Emergency Department Policies And Procedures - Bowel Habits: Court Finds Nursing Care Plan, Assessment, Charting Adequate, No Link To Delayed Diagnosis Of Patient’s Colon Cancer - PTSD: Court Upholds Work Comp Award For Psych Nurse Disabled By Migraines - Sleeping On The Job: Court Upholds Arbitrator’s Finding Of Just Cause For Nurse’s Termination - Emergency Room: Patient Left Voluntarily, No EMTALA Violation - Needlestick: Visitor Cannot Sue For Fear Of HIV - Chlamydia Pneumonia: Court Finds No Connection To Nurse’s Job In Hospital’s NICU - PCA: Patient Dies, Nursing Negligence Not Proven - Temporary Restrictions: Nurse Not Regarded As Disabled - Chart Records: Power Of Attorney Allows Family Access - Home Health: Aide Falls From Tree - Injured In Course And Scope Of Employment, Court Awards Compensation - OR: Prep Solution Under Tourniquet, Patient’s Thigh Burned - Forgery: False Nursing License Given To Employer, Nurse Convicted - Nursing Home Bill: Power Of Attorney versus Responsible Party - Sexual Assault: Alzheimer’s Patient Assaults Another Resident, Court Says Nursing Home Is Responsible - Abuse: Nurse Slapped, Shoved Alzheimer’s Patient, Criminal Charges Upheld
September 2003 Transient Ischemic Attacks: Court Faults Nurses, Did Not Report To Physician - Emergency Room: Adolescent Psych Patient Elopes, Nurse Not Faulted - Pediatric Intensive Care Unit: Parents Caused Disturbance, Ejected - Court Says No To Lawsuit - Improper Transfer Technique: Court Finds Nursing Negligence - Sexual Assault: Nurse Practitioner Accepted As Expert Witness - Last Will And Testament: Court Looks At Nurses’ Notes To Decide Issue Of Mental Capacity - Disability Discrimination: Court Turns Down Nurse’s Claim - Shared Computed Drive: Court Denies Nurse Manager’s Defamation Suit - Threats Of Violence: Nurse Exonerated, Defendant Convicted - HMO: Federal Court Allows State-Court Malpractice Suit For Damages Over Nurse’s Patient-Care Decision - Anatomical Gifts: Court Faults Nurses’ Explanation To Family Of What Will Be Taken - Arbitration: Court Nixes Out-Of-State Forum For Hearing Of Nursing Home Abuse Case - Nursing Home Negligence: Court Upholds Arbitration Clause In Admission Papers - Clinic Nurse Found Negligent: Arbitrator’s Ruling Upheld
August 2003 Nurse Switched Patient’s Medication: Court Says Patient Can Sue For Battery - Elopement: No Redirection, Court Says Nursing Facility Neglected A Vulnerable Adult - Elopement: Court Upholds Patient’s Suit - Emergency Psych Hold: Patient In Restraints Must Be Constantly Supervised, Court Rules - Nursing Director Challenges Policy Nurses Not To Contact Family Members: Court Upholds Suit For Retaliatory Discharge - Misconduct: Firing Upheld For Abusive, Threatening Language - Agency Nurse: Discrimination Suit Against Agency Client - Understaffing: Nurses Fired Over Complaints, Court Finds No Right To Sue Under Federal False Claims Act - Stillborn Fetus Mishandled By Nurses: Court Dismisses Case, Finds No Intentional Infliction Of Emotional Distress - Sepsis: Court Finds No Fault With Nurses’ Or Physician’s Care - Delivery Of Controlled Substances: Nurse Prosecuted For Falsified MAR’s - Latex Allergy: Court Looks For Nurse’s Last Injurious Exposure For Work Comp - Family Member Faints, Falls, Is Injured Watching IV Insert: Court Says Nurse, EMT Not Legally Liable For Negligence - Substandard Aseptic Technique: Court Says Patient Can Sue Hospital For Staph Infection
July 2003 Employment References: Court Rules That Nurse Cannot Sue For Defamation - Labor Relations: Charge Nurses In Nursing Home Are Supervisors, Not Part Of The Bargaining Unit - Bone Spur In Foot: Court Says Nurse Has Occupational Disease - H&P, Operative Report Backdated: But No Nursing Negligence, Says Nursing Expert - Emergency Room: Nurses Not Required To Check Discharged Patients Waiting To Leave - Emergency Room Blood Draw For Etoh: Nurse Not Expected To Do Officer’s Job - Employment Discrimination: Court Lets Facility Look At Applicant’s Whole Background To Fill Psychiatric Nurse-Manager Position - Post-Surgical Nursing Care: Court Unable To Relate Nursing Negligence To Death From Pulmonary Thromboembolism - Nursing License: Nursing Board Must Pay For Board-Ordered Psychiatric Exam, Not Nurse - Defamation / Wrongful Discharge: Verdict Awarded To Nurses Wrongfully Accused - Race Bias: Caucasian Nurse Unable To Prove Minority Supervisor’s Bias Was Behind Adverse Employment Decision - Nursing Home Resident Funds: Reimbursement Questioned - Jail Nursing: Deliberate Indifference To Inmate’s Serious Medical Needs
June 2003 Restraints/Failure To Answer Call Bell: Large Verdict For Nursing Negligence - Patient Falls From Wheelchair: Is It Malpractice Or Ordinary Negligence? Court Debates Issues - SARS: FDA Announces Recommendations For Blood Donor Suitability And Blood Product Safety In Cases Of Suspected Severe Acute Respiratory Syndrome - EMTALA: ER Patient Smelled Of Alcohol, No CT, No Liability - Methadone Patient In Car Accident: Court Says Physicians, Nurses Must Assess For Intoxication, Appreciate Additive Effects Of Medications - Leg Fracture: Hospital Or Ambulance Mishandled Patient, Court Applies Res Ipsa Loquitur - Labor Law: Court Lets Nurses Wear Buttons At Work - Union Activities: Court Holds Nursing Home Guilty Of Unfair Labor Practices - Arbitration: Medicare/Medicaid Funding For Nursing Homes Is Interstate Commerce, Arbitration Clause Enforceable - Race Bias: Court Says Disciplinary Histories Not The Same - Nursing Home Neglect: $78,400,000 Jury Verdict For Pain And Suffering, Punitive Damages, Reduced To $26,000,000
May 2003 Lifting Restriction: Court Turns Down Nurse’s Disability Discrimination Claim - Family Member Barred From Nursing Home: Court Throws Out Lawsuit For Retaliation - EMTALA: ER Nurses Failed To Get EKG For Patient With Chest Pains, Court Sees Basis For Lawsuit Against Hospital - Medicare / Medicaid: Quarterly Listing Of Interpretations And Guidelines - Food And Drug Administration: Annual Listing Of Agenda Topics - Nurse Attacked By Patient: Court Says Group Home Had No Duty To Control Patient’s Behavior - Bedsores: Not Appropriate To Reposition Patient During Heart Catheterization, Court Says - Cardiac Care: Nurse Fails To Answer Pager, Court Affirms Dismissal - AMA: Court Questions If Patient Was Fully Advised, Nurses Had Not Put Panic Labs On Chart - Retaliation: Court Throws Out Nurse’s Lawsuit, Reported Patient Abuse After Being Terminated - Retaliation: Whistleblower’s Suit Thrown Out, Complained Of Understaffing
April 2003 Saline Lock Left In At Discharge: Court Overturns Jury’s Verdict Against Nurses - Lab Tests Not Printed, Not Placed In Chart: Court Sees Possible Basis For Malpractice Lawsuit - Operating Room: Court Questions Whether Proper Surgical Stapler Was Used - In-Service: Court Says Nurse On Errand For Hospital While Driving Home - MMR Vaccine: New Vaccination Information Materials From CDC - Workers’ Comp: Court Says Fall In Parking Lot Is Compensable - Medical Malpractice: Nurse Practitioner Not Accepted As Expert Witness - Back Condition: Prolonged Standing/Lifting Restriction, Court Says Nurse Cannot Sue For Disability Discrimination - Operating Room: Nurses Ruled Not Liable For Peroneal Nerve Entrapment - Medical Confidentiality: Court Says Photocopying Of Charts For Legal Purposes Justifies Termination For Misconduct - Defamation: Court Throws Out Nurse’s Slander Suit - Involuntary Placement In Nursing Home: Court Orders Expedited Bedside Hearing - Nursing Home Liability: Court Throws Out Admission Contract’s Arbitration Clause - Nursing Home Liability: Court Upholds Validity Of Arbitration Agreement - Medical Records: Nursing Home Quality Assurance Documents Ruled Exempt From Grand Jury Subpoenas In Medicaid Fraud Investigation
March 2003 Tuberculous Meningitis: Diagnosis Delayed, Nurses Ruled Not Negligent - Discrimination: Medication Errors Grounds For Dismissal, Especially When Narcotics Involved - Labor Relations: Court Upholds Hospital Nurses’ Safe-Care Campaign - Skilled Nursing: Ventilator-Dependent Residents, Inadequate Nursing Care - Decubitus Ulcers: Court Finds Nursing Care Substandard, Imposes Liability For Nursing Negligence On Corporate Licensee - Labor Law: US Court Looks At Nurses’ Rights, Obligations In Private Sector - Latex Allergy: Court Looks At Timing Of Occupational Exposure versus Filing Of Worker’s Comp Claim - On The Job Injury: Nurse Can Sue In Some Cases - Fatal Stroke: Not Industrial Injury For Nurse, Compensation For Family Denied - Hepatitis C: Occupational Disease For Nurse, Compensation Approved - Quality Assessment: New CMS Regulations For Hospitals
February 2003 EMTALA: Nurse And Physician Properly Screened, Stabilized Patient, Court Rules - Sexual Relations With Patient: Court Upholds Revocation Of Psychiatric Nurse’s License - Smallpox Vaccine: FDA Recommends Deferral Of Blood Donation By Recent Recipients - Labor Law: Court Says School Nurses Entitled To Separate Bargaining Unit - Alzheimer’s: Court Rules That Verbal Threat Is Abuse - Nursing Home Resident’s Bill Of Rights: Is A Medical Review Panel Necessary? Aide Slaps Resident: Court Says It Was Not Intentional, Not Abuse - Confidentiality: Nurse Gets In Trouble Over Offhand Remark About Neighbor - Short-Term Psychiatric Hold: Hospital And Medical Professionals Granted Immunity From Civil Suit - Family And Medical Leave Act: Nurse On Leave, Position Eliminated - Can She Sue? Fire Safety: CMS Adopts 2000 Version Of Life Safety Code - Needlestick: HIV Is Nurse’s Industrial Injury - Arbitration: Court Validates An Alternative To Lawsuits For Resolution Of Nurses’ Employment Disputes - Sexual Assault: Nursing Home Liable, They Knew Resident’s History Of Sexual Acting Out, Failed To Take Action To Protect Others
January 2003 Alzheimer’s: Court Says Nurse Assaulted By Patient Cannot Sue Patient Or Family - Restraints: Court Throws Out Nurse’s Testimony, Had No Specific Expertise In Use Of Restraints - Home Health: Court Sees Aides As Agency’s Employees, Not Clients’ Employees - Confidentiality: Court Ruling Re Incident Reports - Catheterization: Nurse Followed The Standard Of Care - Alzheimer’s: Aide Slaps Patient, Ruled Guilty Of Abuse - Hospice Care / Medicare Part A: New Regulations For Admissions, Discharges - Panic Disorder/Agoraphobia: Court Upholds Home Health Nurse’s Suit For Defamation, Disability Discrimination, Retaliation - Home Health: CMS Proposes To Open Referral Process To Public Scrutiny - Patient Falls Out Of Bed: Court Says Nurse Not Responsible When Family Member Lowers Bed Rails
December 2002 Nurse Practitioners: Patient’s Claim Of Negligent Credentialing Upheld By Court - PCA Pump: Nurse Instructs Family Member To Give Doses Of Morphine, Products Liability Claim Thrown Out - SQ versus IM Injection: Court Approves Verdict Against Hospital - Newborn Does Not Pass Stool: Nurses Ruled Not At Fault, Court Blames Physician For Negligent Phone Advice - Emergency Delivery: Court Finds No Fault With Nurse - Colonoscopy: Nurse’s Negligent Phone Advice Re Post-Operative Symptoms Made Colostomy Necessary, Court Says - Quality Review / Confidentiality: Medical Peer-Review Privilege Extended To Nursing Homes - Nurse As Expert Witness: Court Discounts Nurses’ Expertise On Issue Of Medical Causation - Blood Products: New Guidance Document From FDA Re West Nile Virus - Aide Lifts Resident Without Assistance: Court Finds Cause For Termination - Occupational Injury: Aide’s Physician Restricted Her From Lifting, No Employer Retaliation Found - Race Discrimination: Court Dismisses Suit Against Nurse At Kidney Dialysis Facility - Attorney/Client Privilege: Nurse Not In Hospital’s Control Group, Interview Ruled Not Confidential
November 2002 Cardiorespiratory Arrest: Court Faults Expert’s Conclusions, Dismisses Case - Life Insurance: In-Home Exam By A Nurse Is Not A Medical Examination, Court Rules - Mental Health: Nurses Can Testify As Acquaintance Witnesses For Involuntary Commitment - Sexual Assault: Court Recognizes Nurse As Expert Witness In Criminal Court Proceedings - Measles, Mumps, Rubella (MMR) Vaccine: New Recommendations From CDC Re Pregnancy - Child Abuse: Civil Suit Against Health Care Professionals Thrown Out - Latex Allergy: US Court Says Nurse Not Disabled From Gainful Employment, Not Entitled To Long-Term Disability Benefits - Disability Discrimination: Court Denies Nurse’s Claim That Employer Acted On False Perception Of Impairment From Injuries - Sex Discrimination: Court Denies Nurse’s Claim Based On Supervisor’s Remarks - Laparotomy versus Laparoscopy: No Informed Consent, Hospital Pays Settlement - Theft From A Healthcare Facility: Court Upholds Sentence Enhancement For Breach Of Trust - Home Health: Aide Driving Home, Not In Course Of Employment, No Worker’s Comp Awarded
October 2002 Post-Operative Orders: Court Rules The Nurses And The Physician Were At Fault - Visitor Slips, Falls In Nursing Home: Court Faults Practice Of Residents Taking Food To Rooms - Fall In Nursing Home: Residents’ Bill Of Rights - Hep C Exposure: Industrial Injury, Not Occupational Disease, But Court Extends Limitations - Religious Discrimination: Court Says Veganism Not A Religion, Healthcare Employee Must Consent To Mumps Vaccination - Labor Relations: State Faulted For Anticipatory Strike-Related Subsidies To Nursing Homes - Sexual Assault: Court Rules Photos Of Other Psych Patients Are Confidential, Denies Access - Patient Falls In Nursing Home: Court Rules Out Patient’s Expert Witnesses, Dismisses Case - Alzheimer’s: Resident Killed On Freeway, Wandered From Nursing Home - Back Injury: Nurse’s Light-Duty, No-Lifting Position Eliminated, No Right To Sue For Disability Discrimination, US Court Says - CDC: New Draft Guideline For Prevention Of Healthcare-Associated Pneumonia, 2003, Issued 9/ - OSHA: Ergonomics For Prevention Of Musculoskeletal Disorders: Draft Guidelines For Nursing Homes - Transfer Of Rehab Patient, Wheelchair To Commode: Court Finds Negligence
September 2002 Skilled Nursing: Court Finds Immediate Jeopardy Existed To Health And Safety Of Ventilator-Dependent Residents, Upholds Substantial Civil Penalty Imposed By CMS - Advanced Practice: Court Says Nurse Midwife Complied With Standard Of Care - Nurse Signing Prescriptions For Physician: Court Finds No Delegation Of Practice, No Misconduct - Age Discrimination: Negative Comments On Exit-Interview Form Rule Out Nurse’s Lawsuit - Worker’s Compensation: Aide’s Knee Popped Or Gave Way At Work, Court Sees It As A Compensable Industrial Injury - EMTALA: Court Puts Burden On Patient To Show Disparate Care - National Practitioner Data Bank: Court Discusses Nurse’s Rights Following Malpractice Settlement - Hearing-Impaired Patient: Court Rules Hospital Complied With The ADA And Rehabilitation Act - HMO Telephone Triage: Court Sees No Legal Duty To Preserve Nurses’ Logs - Neonatal Nurse Practitioner: Court Defines Standard Of Care For Nurse Specialists - Nursing Negligence: Court Finds Nurse’s Report Insufficient - Visitor Gets Power Of Attorney: Hospital Not Responsible - L & D: Nurses Responsible For Delayed Cesarean - Employee Handbook: Court Throws Out Nurse’s Breach Of Contract Suit
August 2002 Bed Rail Down: High-Risk Patient Got Out Of Bed And Fell, Court Finds Negligence - Home Health: Family Says Nurses Ignored Their Elderly Mother, Court Sees Elder-Abuse Lawsuit - Patient Murdered: Court Denies Access To Criminal Investigation - Student Nurse Falsely Accused Of Rape: Civil Suit Dismissed - Narcotics Diversion: Court Sees A Pattern Of Misconduct, Throws Out Nurse’s Wrongful Discharge Lawsuit - Narcotics Diversion: Court Upholds Board Of Nursing - Needlesticks: FDA Considering Petition To Ban Unsafe Sharps - Home Health: CMS Will Consider Changes To OASIS - Bad Faith: Malpractice Carrier Has A Legal Duty To Settle A Liability Claim Within The Policy Limits, Court Says - Lymphedema: Court Rules It Can Be An Occupational Disease - Labor Relations: Court Upholds Hospital Nurses’ Union’s Safe-Care Campaign - Nursing Expert: No Opinion Linking Death To Nursing Negligence - Off-Duty Drug Use By CNA: Court Ruling Reversed, No Evidence Work Was Affected - Morphine Toxicity: Ruling Against Hospital Reversed - Accidental Strangulation: Bed Rails Seen As A Restraint, Nursing Home Should Have Considered Less Restrictive Alternatives
July 2002 Back, Neck, Shoulder Injuries: Nurse’s Disability Discrimination Case Dismissed - Multiple Sclerosis: Management Perceived Nurse As Disabled, Court Upholds Discrimination Suit - Nurse Consultant: Court Considers Working At Home As Reasonable Accommodation - Medicare Part A: New Short-Form Minimum Data Set For Patient Assessment In Skilled Nursing Facilities - Fatality From Blood Collection Or Transfusion: New Guidance Document From The FDA - Family Member Faints, Injured In ER: Court Says A Bystander Cannot Sue - Mental Illness And Type II Diabetes: Patient Does Not Require Involuntary Treatment - Heat Stroke / Death: Court Says Nurse Was Deliberately Indifferent To Psychiatric Patient’s Medical Needs - Sexual Assault: Court Refuses To Rule It Was Outside Course And Scope Of Employment - No Assistance To Ambulate: Court Cannot Find The Nurse Was Negligent - Patient Refuses To Leave The Hospital: Court Orders Him Moved To An Adult Home - Aide Sues Former Patient, Refuses To Drop Lawsuit: Court Finds Grounds For Hospital To Fire Her - Quality Review: Waiting Time Measurements Not Admissible In Malpractice Litigation - Home Care: Negligent Care For Urostomy Patient Leads To Large Verdict - Religious Discrimination: Court Says Nurse Entitled To Reasonable Accommodation
June 2002 Sexual Assault: Court Blames The Nurses For Failing To Step In With The Patient - Melenic Stools Not Reported To Physician: Nurses’ Neglect Contributed To Patient’s Decline - Ambulation: Nurse Does Not Assist, Court Finds Liability - Ambulation: Nurse Does Not Assist, No Liability Found - Disability Discrimination: US Supreme Court Places Seniority Rights Above Accommodation To An Employee’s Disability - CDC: New Draft Guideline For Disinfection And Sterilization In Healthcare Facilities - Nurses Not Acting As Patient’s Advocate: Substantial Verdict Entered Against Hospital - Sympathy Strike: Court Says Nurses Can Strike Despite No-Strike Clause In Collective Bargaining Agreement With Hospital - Resident’s Accidental Drowning: Court Places Blame On Assisted Living Facility - Failure To Monitor Patient: $9,000,000 Verdict Upheld For Nurses’ Negligence - Family Secrets: Mental Health Worker Fired For Breach Of Confidentiality
May 2002 Haldol Given, Patient Taken To Nursing Home: No Battery, False Imprisonment - Thrombolytic Therapy: Cardiologist Faults Nurse For 15 – 18 Minute Delay In Starting Infusion - Home Delivery: Court Upholds Legal Sanctions Against Unlicensed Midwife - Heath Maintenance Organization: Court Finds Fault With Visiting Nurse - Libel, Slander: Statements To Nursing Board Are Protected By Law, Court Says - Maternity Leave: Hospital Must Justify Decision To Eliminate Position - Patient’s Charts: No Place For Employee’s Complaints - Mental Abuse: Court Uses Objective Standard, Subjective Effect On Patient Irrelevant - Medicare/Medicaid: Regulations Proposed To Allow State Funding For Paid Feeding Assistants In Long-Term Care Facilities - Decubiti, Sepsis, Dehydration: Jury Finds No Evidence Of Nursing Home Negligence - L&D: Case Dismissed, No Proof Of Cause And Effect
April 2002 Breast Cancer: Primary Care Nurse Held To Same Standard Of Care As Physician - HIV Discrimination: Court Says Some Direct-Care Workers Do Pose A Significant Risk To Patients - Auto-immune Skin Disorder: Nurse Practitioner Should Have Obtained Physician Consult - Transfer Of Nursing Home Resident: No Reason Found - Non-Emergency Ambulance Transfers: New Medicare Regulations Expand Coverage And Increase Nurses’ Role In Certifying Medical Necessity For Services - Abuse: One Incident Is Enough To Discipline CNA - Dementia: Court Rules Patient Needs Nursing Home, Selects Guardians To OK Placement - Medication Error: Court Says Nurse’s Negligence Does Not Justify Termination For Cause - Wrongful Discharge: Court Says Employee Able To Sue Nursing Home Management Company - Revolving Door: Hospital Ruled Not Liable To Senior Visitor With Walker - Family And Medical Leave Act: Court Says Different Shifts Not Equivalent Nursing Positions - Post-Op Care: Failure To Ambulate As Cause Of Pulmonary Embolism - Quadriplegic Scalded By Hot Water: Can Sue For Pain And Suffering - Diversion Of Narcotics: Nurse Guilty Of Voluntary Act, License Suspended - Psych Meds: Danger To Self Is Legal Standard - Home Health Nursing: Court Defines When Nurses Are Entitled To Overtime Pay
March 2002 Crime Revealed To Police: Psychiatric Nurse Violated Medical Confidentiality - Patient Falls From Stretcher In ER: Patient Alert And Oriented, Side Rails Up, Lawsuit Dismissed - Delayed Neuro Consult: ER Staff Ruled Negligent - Home Health: Nurse Was An Employee - Side Effects Of Medications: Court Says Nurse Not At Fault For Patient’s Auto Accident - Evangelizing: Nurse’s Freedom Of Religion Not Violated - Second Opinion: No Right To Be Taken To The Psychiatrist’s Office - Involuntary Commitment: Court Order Void, Less Restrictive Alternatives Not Considered - Quality Review: Court Upholds Physician’s Suspension Based On Nurse’s Incident Report - Premature Return To Work: Nurse’s Case Thrown Out - Anxiety Attacks: Court Dismisses Nurse’s Disability Discrimination Claim - Back Condition: Nurse Not Entitled To Preference In Transfer - Bacterial Meningitis: Jury Rules Nurse And Physician Misjudged Condition - Consent Forms: Nurses Took On The Physician’s Responsibility - Placental Abruption: Verdict Upheld - Slip And Fall: Visitor’s Lawsuit Against Hospital Upheld - Pregnancy Discrimination: Case Dismissed - Nurses Praised, Physician Reprimanded
February 2002 Side Effects Of Meds: Motorist Injured In Accident With Patient Can Sue Hospital - Discrimination: Physician Shareholders Are Employees For Purposes Of Civil Rights Laws - Noncompliance: Patient With Violent History Committed To Assisted Outpatient Care - Psychotic Patient: Court Says An Overt Act Is Needed To Prove The Patient Is A Danger To Self - Schizophrenic Patient: Court Rules That Episodes Of Decompression Are Grounds To Continue Involuntary Mental Health Commitment - Retaliation: Nurse Refused To Sign Backdated Medicare Form, Termination Upheld - Absenteeism: Arbitrator’s Decision Upheld - Labor Relations: Medicaid Reimbursement To Nursing Homes For Strike-Related Expenses Does Not Violate NLRA, Federal Court Says - Assault By CNA: Nursing Home Ruled Liable, Knew Of Prior Violent Behavior - Nurse Reported Violence Threat: Suit Dismissed Over Breach Of Confidentiality - Emergency Room: Nurse Negligent, Failed To Do EKG - Suctioning: CNA Fired, Performed Procedure Against Nursing Home’s Rules - O R Patient Falls From Table: Doctors, Nurses Held Liable
January 2002 Community Blood Bank: Court Upholds Duty To Aid Non-Patients In Emergencies - Penrose Drain: Nurse Should Have Been Alerted To A Problem By Its Appearance After Removal - Retaliation: Court Says Independent Contractor Has No Right To Sue For Wrongful Discharge - Emergency Evacuation, No Emergency Plan: Nursing Home Resident Dies - Suicide Victim Resuscitated, Treated: Court Dismisses Suit Against Caregivers - Alzheimer’s: Court Refuses To Honor Exculpatory Clause After Patient Elopes - Elopement Attempt: Court Says Psych Patients Have Special Legal Relationship With Hospitals - Employee Handbooks: Court Willing To See Creation Of Employment Contract For Full Disciplinary Processes - Sickle-Cell Screening: Result Should Have Been Verified - Labor Relations: Nursing Employee Falsely Disparaged Quality Of Care, Not Protected By National Labor Relations Act, Court Says - Disability Discrimination: Drug Rehab, Hearing Disability Were Not The Reason Employee Was Fired - Pregnancy Discrimination: Court Finds Other Reason For Firing - Confidentiality: Caretakers Not To Block Access To Medical Records - Elder Abuse And Neglect: Court Extends Statute Of Limitations - Patient Burned In OR : Court Applies Res Ipsa Loquitur - Patient Beaten In ER: Court Says No To Res Ipsa Loquitur
December 2001 Willful Misconduct: Court Rules Off-Duty Illicit Drug Use Is Grounds To Fire CNA - Neglect Of A Vulnerable Adult: Court Upholds Charges Filed Against Nursing Home Nurse - Worker’s Comp: Retaliation Suit Thrown Out - Worker’s Comp: Retaliation Suit Thrown Out - Informed Consent: Court Throws Out Lawsuit Filed Against Hospital And Nurse - Involuntary Commitment: Court Disallows Patient’s Manipulation Of The Rules - Use Of Excessive Force: Court Upholds Psych Patient’s Lawsuit Against Nurses For PTSD - Labor Relations: Circuit Court Follows Ruling That Nurses Are Supervisors, Not Employees - PCA: Nurse Did Not Use Anti-Siphon Tubing, Court Says Manufacturer Not At Fault - Chlamydia: Court Sees No Relationship To Mother’s Premature Labor - Managed Care: Court Places Responsibilities On Nurses - Epileptic Nurse: Court Says Employer Reasonably Accommodated Nurse’s Disability - Handwashing: New Guideline From CDC - CRNA’s: Physician Supervision To Be Dropped - Depression: Court Says It Can Be A Disability, Time Off Can Be A Reasonable Accommodation - Rheumatoid Arthritis: Court Says It Is A Disability, But Scooter Is Not A Reasonable Accommodation For A Nurse Who Is Unable To Walk
November 2001 Patient’s Fall: Facility Ruled Not At Fault, Had No Legal Basis To Apply Restraints - Disability Discrimination: Court Says Nurse With Back Injury, Lifting Restrictions Is Not Disabled - Bed Rail Strikes Patient’s Arm: Expert Admits It Was Impossible - Employee Keeps Money Collected At Work: Court Reverses Verdict - Involuntary Treatment: Court Orders ECT Over Patient’s Objection - Involuntary Psychiatric Hold: Commitment Continued Based On Nurse’s Testimony - Suicide: No EMTALA Violation, Hospital Provided Psych Screening And Care Within Its Capabilities - Chemically Impaired Nurse: Court Upholds Employer’s Right To Demand Blood Test, Terminate Nurse For Refusal - Chemically Impaired CNA: Court Upholds Employer’s Blood Test Policy, Firing - Labor Relations: Court Upholds Arbitrator’s Reinstatement Of Nurse Responsible For Infant’s Death From Septic Shock - Deaf Patient: Discrimination Lawsuit Against Hospital Fails - Obstetrical Nursing: Court Says Expert Testimony Is Required To Prove Negligence - Patient Left Unattended, Wound Draining: Court Says Expert Testimony Not Required - Diabetic Ketoacidosis: Nurse Ignored Lab Results, Patient Dies, Allowed To Leave ER Against Medical Advice
October 2001 Labor Relations: Federal Minimum Wage Does Not Apply To Nurses’ On-Call Time - Surgical Hardware: Court Rules It Is Hospital’s Responsibility To Select, Provide Proper Screws - Health Maintenance Organizations: Court Lets Patient’s Lawsuit Go Forward For Nurse’s, Physicians’ Errors And Omissions In Patient’s Assessment - Artificial Nutrition, Hydration: Family Cannot Make Decision For Patient Who Is Conscious - Sexual Assault In Long-Term Care: Court Overrules Decision - Quality Assurance: Nurse Manager’s Investigation Notes Are Not Proper Evidence In Trial, Court Says - Patient’s Treatment Records: Court Finds No Basis For Quality Assurance Privilege, Opens Files To Lawyers - CDC: New Draft Guideline For Prevention Of Intravascular Catheter-Related Infections - Psych Nursing: Disability Discrimination Suit Thrown Out, Nurse Unable To Defend Self Or Restrain Patients - Hospital Admissions: OK To Require Elective Surgery Patient To Sign Form For Financial Responsibility - Skilled Nursing Care: Hospital Entitled To Payment From Hospital Insurance - Professional Misconduct: Female Patient Entitled To Female Chaperone With Male Physician, Court Rules - Emergency Room: Court Says Procedures Needed To Insure Films Reviewed By A Specialist - Sexual Harassment: Court Finds Unprofessional Conduct By Physician - Sexual Harassment: Hostile Environment Created By Patient, Employer Liable
September 2001 Disability Discrimination: Lifting Is An Essential Function Of A Staff Nurse’s Job - Disability Discrimination: Deaf Patient And Family Not Accommodated At Critical Points In Patient’s Care - Disability Law: Inability To Drive To Work Not A Disability, Court Rules - Psychotic Patient: Court Reviews The Legal Duties Of Emergency Room Nurses - Sexual Assault: Hospital Not Penalized, Let Nurse With Disability Care For Patients - Toradol Injection: Court Finds No Nursing Negligence Caused Medical Complications - Restraints: Patient Able To Untie Wrist/Vest Restraints, Court Can Find No Evidence Of Nursing Negligence - Home Health: A Nurse Has The Responsibility To Get The Patient To The Hospital, Not Just Recommend He Go - Kernicterus: Neonatal Nurses Faulted, Failed To Act On Signs Of Elevated Bilirubin - EMTALA: Hospital Can Set Own Policies Based On Own Capabilities - EMTALA: Hospital Must Follow Its Protocols With Each Patient - Central Venous Lines: Hospital Had No Policy Or Procedure To Verify Placement, Court Says
August 2001 Labor Relations: US Supreme Court Sees Nurses As Supervisors, Not Employees - Personal Finances: Nursing Home Patient’s Rights Are Not Absolute, Court Says - Nurse Resigns Over Patient-Care Issues: Court Sees No Right To Sue Employer - Developmental Disability: Consent To Non-Institutional Community Placement Is Required From Patient Or Guardian - Labor And Delivery: Nurses Ruled Not At Fault For Baby’s Hypoxic Brain Ischemia - Morphine Toxicity: Nurses And Physicians Ignored The Signs, Did Not Treat Appropriately, Court Holds Them Negligent - Epidural Pump Not Stopped: Court Allows Nurse To Argue Physician Was At Fault - Bedsores: Nurses OK On Review Panel If Nursing Negligence Is The Issue - Terbutaline Infusion Pump: Court Discusses Liability Issues In "Off-Label" Medication Use - Operating Room: Patient Falls Off Table, Court Uses Res Ipsa Loquitur - Operating Room: Patient Codes, Court Says No To Res Ipsa Loquitur - Operating Room: Court Says Doctor Is No Longer The "Captain of the Ship," Holds Nurses Liable
July 2001 Home Health: Alzheimer’s Patient’s Crude Remarks No Grounds To Sue, Court Says - Missing Medical Records: Court Sees No Intentional Spoliation Of The Evidence - Patient Not Present In Court: His Rights Were Violated - Emergency Psych Assessment: Court Rules No EMTALA Violation Occurred - Blood Transfusion – Jehovah’s Witnesses: Court Upholds Right To Refuse Treatment - HIV-Positive Employee: Court Upholds Claim Of Harassment - Discrimination: Nurse Can Sue For Retaliation, Testified On Behalf Of Another Nurse - Needle Broken Off During Surgery: Court Faults Perioperative Nurses, But Finds No Fraudulent Concealment - Home Health: Court Sees Unanswered Questions About Investigation Of Aide’s Prior Employment References - Chemical Burns From Disinfectant Bleach: Court Upholds Criminal Charges Against Nurse’s Aide
June 2001 PRN Order: Nurses Faulted For Delaying Medication, But Did Not Harm The Patient - Lower Extremity Arterial Occlusion, Ischemia: Nursing Home Nursing Staff Should Have Reported Changes To Physician, Court Says - No Interpreter For Deaf Patient: Court Lets Suit Go Forward - Emergency Medical Treatment And Active Labor Act (EMTALA): Court Looks At Nurse’s Duties In The Emergency Room - EMTALA: Court Says Nurse Did Not Violate Law - Case Mismanagement: Court Looks To The Corporate Negligence Doctrine To Place The Blame On The Hospital’s Nursing Staff - Persistent Vegetative State: Court Looks For What The Patient Would Have Wanted - IM Kenalog Injection: Court Finds Medical Assistant Was Not Negligent - Allogenic Blood Transfusion: Court Throws Out Negligence Verdict Against Hospital - Religious Discrimination: Hospital Offered Reasonable Accommodation - Neighbor Struck By Motorized Wheel Chair: Court Says Home Health Aide Not To Blame - Defective Surgical Hardware: Hospital Has No Obligation To Know About Unknown Defects - Surgical Pad Not An Item To Be Counted: Court Says Hospital Liable Anyway When Left Inside
May 2001 Premature Newborn Kept Alive, Parents’ Lawsuit Against Hospital Thrown Out - Medical Gas Mix-ups: FDA Advisory Bulletin - Urine Leak From Foley System: Injury Lawsuit From Family Member’s Fall On Wet Floor In ICU - Weighted Vaginal Speculum Too Hot: Court Finds Physician And Hospital Each 50% At Fault - Private Duty Surgical Nurses: Case Against The Hospital Dismissed - Lay Midwifery: Court Upholds Nursing Board’s Jurisdiction - Patient Leaves Office Drunk, Nurse Calls The Police: Court Looks At Basis For The Lawsuit - Suicide Assessment: No Overt Act Necessary To Justify Continued Involuntary Psych Commitment - Age Discrimination: Clinical Services Director’s Lawsuit And Back-Pay Award Upheld - Religious Discrimination: Nurse’s Case Dismissed - No Code Order: Wrongful Death Lawsuit Dismissed - Agency Nurses: Court Says The Client, Not The Agency, Is Liable For Wrongful Conduct - Patient’s Fall: Court Sees Malpractice As The Issue - Patient’s Fall: Court Questions Nurse’s Judgment In Light Of Patient’s Fall-Risk Assessment - Patient’s Fall: Nurse May Use Discretion In Interpreting Orders, But Still Responsible For Poor Judgment
April 2001 Automatic Blood Pressure Cuff: Nurses Ignored The Patient, Committed Battery - Pressure Sores: Court Places Responsibility On Nursing Facility To Prove The Quality Of Its Care - Health Maintenance Organizations (HMOs): Court Lets Patient’s Family’s Lawsuit Go Forward, Suit Alleged Substandard Care - Transitional Setting: No Liability For Unwitnessed Seizure, Court Says - Least Restrictive Alternative: Court Orders Involuntary Care - Least Restrictive Alternative: Inpatient versus Transitional Care - Mental Illness: Court Weighs Patient’s Assessment, Sees A Nursing Home As The Least Restrictive Environment Appropriate To Meet The Patient’s Needs - Atypical Postpartum Eclampsia: Nurse Faulted, Sent Patient Home Early From The Hospital - Umbilical Arterial Catheter: Nurse Faulted, Dislodged Catheter While Drawing Blood - L&D Nurse Not Qualified: Birth Delayed, Baby Injured - Meconium Aspiration/Asphyxia: Nurse Held Responsible For Delayed Cesarean Delivery - Fetal Heart Tracings: Court Faults Nurse, Did Not See Abnormality Or Call Physician - Multiple Sclerosis: Patient Injured In Wheelchair Transfer - Reporting Abuse/Neglect: Nurse Practitioner’s Employment Retaliation Suit Thrown Out By Court - Nurse’s On-The-Job Back Injury: Court Sets Out Employer’s Duties - CDC: New Draft Guideline For Environmental Infection Control In Healthcare Facilities - CDC: New Vaccine Information Materials
March 2001 Wound Care: Nurses Ruled Negligent, Delegated Nursing Functions To Aides - Emergency Medical Treatment And Active Labor Act (EMTALA): First Hospital Did Not Violate Law - Quality Assurance: Court Says No To QA Investigator’s Deposition - Dangerous Patient: No Legal Duty To Warn Family, They Knew The Patient Was Dangerous - Suicide Attempt: Court Finds No Nursing Negligence, No Spoliation Of The Evidence - Restraint And Seclusion In Psychiatric Residential Treatment Of Individuals Under Twenty One: New Regulations From HCFA - Bloodborne Pathogens: Needlestick Safety And Prevention Act Of 2000 And New OSHA Regulations To Take Effect On April 18, 2001 - Discrimination: Nurses Applied Hospital Policy Uniformly, No Racial Bias - Syringe Used Twice: Court Rejects Suit Over Fear Of HIV / Hep B - EMTALA: Court Rejects State Law Pre-Suit Requirements - Failed Drug Test: Court Says Nurse Cannot Lose License - Discrimination: Recovering Drug Addict - Steroid/Antihistamine Injection: Court Finds No Nursing Negligence, Accepts Nurse As Expert Witness - Nurse As Expert Witness: Court Differentiates Nursing And Medical Issues
February 2001 Toradol Injection: Court Finds No Nursing Negligence Caused Medical Complications - Physician’s Assistants: Court Says Routine Vaginal Deliveries Outside Scope Of Practice, Unless P A Has Nurse Midwife Certification - Surgical Prep: Court Finds Ambiguous Nursing Documentation, But Rules For The Hospital - Community Integration Of Mental Health Clients: Court Defines Legal Standards - Dementia: Court Upholds Patient’s Legal Right To Placement In An Appropriate Care Setting - Understaffing: One Whistleblower’s Claim Upheld, Another’s Thrown Out By Court - Freedom Of Speech: Court Says Nurse’s Rights Were Not Violated - Whistleblower: Court Validates Employee’s Retaliation Claim - Emergency Medical Treatment And Active Labor Act (EMTALA): Hospital’s Nurses Provided Appropriate Medical Screening, But Did Not Stabilize The Patient Before Sending Her Home - Snake Phobia: Not A Disability For Disability Discrimination, Court Rules - Agency Nurses: Client Controls The Workplace, Client Is Nurse’s Employer For Discrimination Claims
January 2001 No-Solicitation Rule: Hospital Wrong To Fire Nurse – Helped Patient Get Absentee Ballot - Abandonment: Home Health Client And Family Member Die In Home Fire, Agency Ruled At Fault - Pre-Surgery Meds: Hospital Must Have Policy For Nurses To Know, Follow Surgeon’s Preferences, Court Rules - Sponge Left Inside Patient: Court Finds No Negligence In This Case - Anti-Psychotic Medication: Court Upholds Need For Hospital’s Strict Compliance With Legal Requirements Before Involuntary Administration - Correctional Nursing: Court Says Nurses Were Not Deliberately Indifferent, Prisoner’s Rights Not Violated - Family And Medical Leave Act (FMLA): 50 Employees Are Required - Chemotherapy: Nurses Held Liable For IV Extravasation - Sexual Harassment: Nursing Director’s Case Dismissed - Sexual Harassment: Mixed Reaction To Nurse’s Lawsuit - Vasovagal Reaction: Court Applies Sudden Emergency Doctrine - Emergency Medical Treatment And Active Labor Act (EMTALA): Hospital’s Standard Emergency Procedures For Chest Pain Not Followed, But Court Finds It Did Not Aggravate Patient’s MI - Nursing Home Visitor Trips And Falls: Court Throws Out Lawsuit - Ob/Gyn: Court Says Nurse Not Expert On Standard Of Care For Physician
December 2000 Race Discrimination: African-American Nurse Has Grounds To Sue Employer, Court Rules - Homophobia: Male Nurse’s Discrimination Lawsuit Is Disallowed By A Federal Court - Home Health: Aide Cannot Travel With Client To Another State Where Aide Is Not Certified, Court Rules - Home Health: Diabetic’s Foot Lesion Not Reported To Doctor, Court Finds Nurses Negligent - Race Discrimination: Nurse’s Case Dismissed By Court - Race Discrimination: Courts Finds Serious Violations Of Patient-Care Standards, Not Race Discrimination, Upholds Nurse’s Firing - Residents Die From Decubitus Ulcers: Court Upholds Criminal Convictions Of Nursing Home And Nursing Home Administrator - Decubitus Care: Court Upholds Sanctions Against Skilled Nursing Facility For Violations Of Medicare Standards - Decubitus Slow To Heal: Court Throws Out Patient’s Civil Lawsuit Alleging Negligence - Geri Chair Collapses, Family Member Injured: Court Throws Out Lawsuit - Needlestick: Fear Of Contracting HIV / AIDS Is Not Enough To File A Lawsuit, Court Rules
November 2000 Pregnancy Discrimination: Light Duty Work Rules Must Be Applied Uniformly - Neglect Of A Resident: Nursing Judgment Not To Give PRN Med Is Not Misconduct, Court Says - Nursing Home Resident Falls: Court Says She Was To Be Restrained - Munchausen’s Syndrome By Proxy: Suit Thrown Out Over Placement Of Children In Foster Care - Religious Discrimination: Court Says Nurse Entitled To Reasonable Accommodation - Asthmatic Reaction To Chemical Irritant Not A Disability, Court Says - Pregnancy Discrimination: Court Defines The Issues - Medical Records: Healthcare Facility Must Obey Subpoena - Post-Anesthesia Recovery: Court Finds Breaches Of The Legal Standard Of Care - Correctional Nursing: Court Believes Prisoner’s Rights Were Violated - Labor & Delivery: Court Finds Violations Of Standards - Transfer From OR To Critical Care: Hospital Must Provide Portable Equipment And Trained Nurses, Court Says - Patient Falls Out Of Bed: Where Was The Call Bell? HMO’s Incentives To MD’s: Are They Negligent? Patient Falls: Court Finds Nurses Fully Met The Legal Standard Of Care, Court Overturns Verdict
October 2000 Family And Medical Leave Act: Court Finds That Nurse’s Rights Were Violated - Opiate Detox: Court Says Nurses Fulfilled Their Duty To Monitor Patient And Report Condition - Home Health: Aide Held Responsible For Fire Hazard - Psychiatric Patient Elopes: Court Finds Fault With Nurse - Patients With Limited English Proficiency: New Policy Guidance Document From HHS Office for Civil Rights - Hepatitis B: New Vaccine Information Materials From CDC For Two-Dose Immunization Schedule - Rectal Bleeding: Nurses Not To Blame For Delayed Cancer Diagnosis - Cauda Equina Syndrome: Court Says Orthopedic Nurse Should Have Been Alerted By The Patient’s Symptoms - Mental Health Records: Court Ruling On Legal Confidentiality - Sponge Left In Vagina After Episiotomy: Res Ipsa Loquitur Not Applicable - Court Says Nurse Must Use Up All Administrative Remedies - Family Told In Error Patient Has Died: When Can They Sue? Medical Records: Court Denies Nurse Access In Job Dispute - Threatening Language: Court Upholds LPN’s Firing For Misconduct - Resident Abuse/Intimidation: How Is It Defined By Law?
September 2000 Patient Not Restrained, Falls While Out Of Bed: When Are The Nurses Responsible? IM Injection In Buttocks Causes Sciatic Nerve Injury: Court Finds No Negligence By The Nurse - Surgical Nurses: Sponge Count Is Strictly Nurses’ Responsibility, Court Rules - Nurses Forcibly Catheterized Patient: Court Willing To Find Civil Rights Violation - Car Parked Unlocked At Nursing Home: Residents Find, Drink From Container Of Antifreeze, Die - Patient Suicide: Court Faults Nurse’s Referral Of Patient To Chemical Dependency Program - Alzheimer’s: Court Rules Caregivers Cannot Sue Their Patients For Personal Injuries Inflicted By Patients While Being Cared For - Court Says Guardian Not Obligated To Nursing Home To Spend-Down Resident’s Assets, Apply For Assistance - Emergency Medical Treatment And Active Labor Act (EMTALA): Patient’s Lawsuit Upheld - Patient Leaving Hospital Floor To Smoke Cigarette Restrained By Security Guard: Court Upholds Lawsuit Against Hospital - Retaliation: Court Throws Out Nurse’s Suit, Complained HIV Infection Control Policy Is Racist - Neonatal ICU: Lawsuit Alleges Nurse Decannulated Premature Baby - Patient Abuse – Nursing Home Resident Force-Fed Ensure: Court Upholds Nurse’s Aide’s Disqualification - Patient Abuse – Chloral Hydrate OD : Court Says Nurses Who Did Not Report Were Denied Their Rights
August 2000 Pitocin Drip: Court Says Nurse Should Have Monitored The Patient More Closely - Perforated Sigmoid Colon: Court Faults Doctor, Nurse For Failing To Detect And Treat Problem Post-Surgery - Natural Disaster, Emergency Evacuation: Nursing Home Can Still Require Nurses To Come To Work - Alzheimer’s Dementia: Court Says This Caregiver Cannot Sue This Patient For Assault And Battery - Flexible Hours Requested, Employer Refused: No Disability Discrimination - Nurse Requested Reduced Hours, Employer Refused: No Disability Discrimination - Voting Rights: Court Grants Psych Patients Absentee Ballot - Family And Medical Leave Act: Court Says Labor Union Has No Right To Sue For Employees - Insulin-Dependent Diabetes: Court Dismisses Non-Licensed Aide’s Discrimination Lawsuit - Religious Discrimination: Court Validates Nurse’s Claim vis-a-vis Leave-Early Practice - Whistleblower: Jail Nurse Can Sue, Was Fired For Reporting Financial Mismanagement - Patient Falls Out Of Bed: Liability Suit Dismissed
July 2000 Bed Rails Up Or Down: Court Says When It Is A Professional Nursing Judgment - Nurse’s Lifting Restriction: Hospital Ruled Not Liable For Disability Discrimination - Psych Exam: Court Says Patient Entitled To An Attorney - Suicide Pact: Court Can Hold Nurses Liable For Patient’s Death At Another’s Hand - Public Health Nursing: Court Dismisses Native American Nurse’s Job Bias Lawsuit - Home Health: Elder Removed From Home For Neglect And Abuse, Family’s Suit Against Nurse And Others Dismissed - Race Discrimination In Employment: Court Discusses Factors In Computing Damages - Disability Discrimination: Nurse Not Able To Prove Firing Was Retaliation For Complaints About Treatment Of HIV-Positive Patient - Experimental Surgery: Court Says Physician, Not Hospital’s Nurses Must Obtain Patient’s Consent - Artificial Nutrition: Family Disagreed, But Court Refuses To Fault Nursing Home - Anti-Gay Bias: Court Upholds Hospital’s Right To Fire Employee For Discrimination And Abuse
June 2000 Decubitus: Court Says Home Care Not Safe, Patient Belongs In Nursing Facility - Leg Broken In Transfer: Court Faults Aides For Not Lifting, Allowing Patient To Bear Weight - Pregnancy Discrimination: Court Overrules Jury, Says No Legal Basis For Nurse’s Claim - Anti-Psychotic Medication: Nurse Acted Reasonably, Did Not Violate Patient’s Civil Rights, Court Says - Anti-Psychotic Meds: Court Approves Civil Suit For False Imprisonment - Order To Contact Physician: Court Says Nurse Need Not Decipher Physician’s Intent - Physician Will Not See Patient: Court Says Critical-Care Nurse Should Obtain Another Physician - ICU Nursing: Nurses Faulted For Removing Endotracheal Tube And For Not Calling Code - Retaliation: Court Vindicates Fired Whistleblower’s Right To Sue After Abuse Reported To Authorities - Breach Of Promise: Assured Job Was Safe, Employee Fired For Making Revelations - Court Upholds Lawsuit - Family Leave: Helping Mother Move Is Not "Caring For" Family Member, Court Says - Developmental Disability: Court Extends Legal Definition Of Retardation So That Resident’s Care Can Go On - Antivenin For Snakebite: ER Nurse Faulted For Anaphylaxis
May 2000 Anti-Psychotic Meds: Hospital Held Liable For Patient’s Death From Hyperthermia - Labor And Delivery: Nurses May Have Been Negligent, But Court Unable To Link Negligence To Baby’s Death - Confidential Records: Nurse/Investigator Did Not Redact, Court Upholds Client’s Lawsuit - Alcohol Withdrawal: Court Says Treatment Requires Order From Physician, Upholds Nurse’s Termination - Computerized Patient Charts: Nurse Disciplined For Giving News Media Patient Data On Used Computer Hard Drive - Nursing-Home Falls: Court Summarizes Legal Basics - Smoking In Nursing Home: Court Says Close Watch Is Required For A Resident With Dementia - Patient Falls Standing On Chair Trying To Repair Window Blinds: Court Blames Hospital - Patient’s Fall: Court Finds It Improper To Blame Patient - Tuberculosis: Resident Left In Nursing Home’s General Population, Court Finds Class I Violation - Student Loan: Contract With Hospital Is Valid, But Also Subject To Modification - Physician/Whistleblower: Court Accepts Nurses’ Corroborating Affidavits - Cheating On Exam: Court Upholds Firing - Hypertension/Stress: Ruled Not Disabilities In Nurse’s Discrimination Lawsuit - Pregnancy: Court Rules No Duty To Accommodate Lifting Restrictions, Employer Not Liable For Premature Birth - Pregnancy Discrimination: Court Says Hospital’s Medical Leave Policy Was Not Discriminatory
April 2000 Noncompliance: Problems, Nursing Interventions Documented, Liability Lawsuit Dismissed - Nurse Injured Lifting Heavy Patient: Lawsuit Against The Patient's Physician Thrown Out By Court - Nurse Practitioner: Non-Competition Clause Is Enforceable, Court Injunction Upheld - Illegal Kickbacks: HHS Office Of Inspector General Scrutinizing Practitioners' Office Rental Deals With Physician Landlords - Infant Burned: Nurse Heated Wet Washcloth In Microwave - Hepatitis B: Not Reported To County - Baby Placed At Risk - Developmentally Disabled Adult: Nurse Should Have Listened To Complaints Of Chest Pain, At Fault For Heart Attack - Skin Care: Nurses Sub-Standard Care Blamed For Patient's Death - ICU: Patient's Arm Strapped To Bedrail, Lawsuit For Ulnar Nerve Injury - Psych Patient Claims Sexual Assault By Psych Patient: Nursing Negligence Alleged In Lawsuit - Latex Allergy: Court Upholds Nurse's Claim Of Industrial Injury - Nursing Facilities: New Voluntary Compliance Program Guidance From HHS Office Of Inspector General - Mental Health: Court Says Patient Must Be Allowed To Participate In Care Planning Through An Advocate - Family And Medical Leave Act: Day Off For Stress Is Not A Serious Health Condition, No Legal Rights Under Act
March 2000 Suicidal Patient: Court Says Nurse Should Have Recommended He Be Hospitalized - Patient Suicide: Told During Admission To Go Out For A Smoke, Patient Jumps And Kills Self - Patient Falls In Transfer From Table To Stretcher In O R : Court Faults Nurses And Employer Hospital, Says No Expert Witnesses Needed - Gas Embolism: O R Personnel All Must Share Blame, Except Circulating Nurse - Operating Room: Electrocautery Tools Sparks Oxygen Mask To Ignite, Patient Burned, Court Faults Physicians And Circulating Nurse - Patient Falls Off Toilet: Nurse Not At Fault, Court Does Not Allow Expert Witness To Testify - Disability Discrimination: Court Says Employer's Erroneous Perception Nurse Is Impaired By Drug Abuse Is A Legal Disability - Narcotics Diversion: Patient-Safety Issues With Narcotics Cloud Recovering Nurse/Addict's Disability Discrimination Lawsuit - Terminal Illness: Court Uphold Hospice Patient's Right To Select Her Own Post-Mortem Arrangements - Psychosocial Nursing: Patient Strikes Nurse, Nurse Falls On Other Patient, Court Dismisses Lawsuit - Whistleblower: Nursing Home Gets Medicaid Funding, Court Rules DO N Is a "Public Employee - " Nurse/Whistleblowers: Court Vindicates Right To Sue For Retaliation For Reporting Physician's Alleged Abuses
February 2000 Chain Of Command: Court Rules Nurses Should Have Gone Over Doctor’s Head - Restraints: Nurses Faulted, Left Patient Unrestrained While Orders Being Clarified - Nursing Home Negligence: Each Incident Has Its Own Statute Of Limitations, Court Says - Sexual Harassment: Employer Acted Promptly, Not Liable In Suit - Nurse Sexually Harassed By Physician: Court Discusses Whether Or Not A Nurse Can Sue - Hospice Care: Hospice Liable For Death, No Second Medical Opinion Corroborating Terminal Condition - Emergency Medical Treatment And Active Labor Act (EMTALA): Court Sees No Violation By ER Nurses - Employee/Patient Slips And Falls In Hospital: Has Right To Sue As Patient/Patron - Nurse As Hospital Patient: Nurse Can Sue Employer, If There Was Negligent Care - Pregnancy Discrimination: Employer’s Policy Of Non-Accommodation Re Lifting Upheld By Court - IV Needle Insertion: Three Unsuccessful Attempts Not Negligent, Court Determines - Patient Able To Untie Vest/Wrist Restraints: Court Lets Suit For Negligence Go Forward - Vice President Of Hospital Patient-Care Services: Administrator Not Subject To Nursing Board, Court Rules - Multiple Sclerosis: Nurse Could Not Do One Job, Not Able To Sue For Disability Discrimination
January 2000 Asphyxiation Death: Court Says A Family Member Should Not Have Fed The Patient - Patient Suicide: Commitment Was Completed, Hospital Liable For Lapse In Patient’s Supervision - Resident Falls From Geri Chair: Court Says "No" To Punitive Damages Claim - Resident With Dementia Wanders Away From Nursing Home: Court Upholds Large Punitive Damages Award For Drowning Death - Polio Vaccines: CDC Finalizes Rules For Use Of IPV/OPV - Positive Drug Screen After Injury: Court Finds No Discrimination - Employee Handbook: Nurse Admitted It Was Not A Contract - Medicare Fraud: Court Says Nurse Had No Legal Right Or Responsibility To Review Old Files, Firing Upheld - Employee Handbook: Court Says Nurse Was Entitled To Full Progressive Discipline Before Termination - Home Health Nurse Got Blood Cultures Without Physician Order: Nurse Criticized But Not Faulted For Death - Mismatched Hip Replacement Parts: Court Refuses To Fault The Circulating Nurse - Sponges Left After Delivery: Court Finds No Negligence By Doctor Or Nurse - Aide Yelled At Resident: Court Upholds Firing - Home Health: Nurse Ruled Negligent, IV Catheter Fragment Left In Patient’s Arm - HMO Denies Pediatric Nurse Home Visit: Family Able To Sue HMO For Infant’s Death - Abuse Of Nursing Home Resident: Bruises Alone Do Not Prove Negligence, Other Proof Required
December 1999 Nurse Fired, Told Family To Get Another Doctor: Court Validates Her Right To Sue - Health Plan Nurse’s Phone Assessment Faulted: Patient Needed Care Immediately - No Informed Consent: Court Says Physician, Not Nurse, Is Responsible - Diversion Of Narcotics: Nurse Cannot Sue Nursing Board’s Investigator - Involuntary Administration Of Psych Meds: Court Must See Danger To Self Or To Others - Patient Stops Breathing, Dies After Take-Down: Court Says Clinical Assistant Can Be Fired - Emergency Medical Treatment And Active Labor Act (EMTALA): Another Special Advisory Bulletin From HCFA’s Office Of Inspector General - EMTALA: Court Rules Screening In ER Was Proper, Suit Dismissed - Disability Discrimination: Nurse Unable To Work 12-Hour Pediatric Shifts Or 8 Hours On Adult Floor – No Grounds To Sue - Lamaze Class: Hospital Must Accommodate Father’s Hearing Disability - Disability Discrimination: Hospital Fulfilled Interactive Process – No Grounds To Sue - Hip Dislocation After Joint Replacement: Court Blames Nurses For Improper Transfer Technique
November 1999 Nursing Negligence: Court Upholds Labor Arbitrator’s Reinstatement Of ICU Nurse - Suicidal Patient: Family’s Calls Not Noted, Large Settlement For Wrongful Death - Suicidal Patient: Court Faults Psychiatric Nurses’ Care Of Self-Inflicted Gunshot Wound - Anti-Psychotic Medication Forced Upon Patient: Court Says A Special Hearing Was Necessary - Sexual Harassment: Court Recognizes Female vs - Male As Grounds For A Lawsuit, But Dismisses The Case - Hospital Employee With Disabled Child: Court Rules That ADA And FMLA Do Not Excuse Excessive Absenteeism - Polio Vaccine: CDC Defines Circumstances When OPV May Be Used, New OPV Vaccine Information Materials - Nursing Home Or Retirement Home: Court Weighs Factors - No Personal Phone Calls On Duty: Court Upholds Nursing Home’s Policy - Nursing Home Can Fire Child Molester, Court Says - Hospital Sends Patients’ Records To Lawfirm Seeking Clients: Class Action Lawsuit Approved
October 1999 Managed Care Nurse’s Advice Negligent, Health Plan Liable For Wrongful Death - Medicare Fraud: Clinical Nurse Manager Questioned Disputable Billings, But Retaliation Lawsuit Thrown Out By Federal Court - Nurse Said She Would Report Violations: Court Upholds Suit For Retaliation - Involuntary Psych Commitment: Court Says Chart Can Be Used To Cross Examine Witnesses - Restraint Of Combative Patient: Hospital Employee Who Acted Properly Was Improperly Fired - Clinic Nurse Improperly Assessed And Treated Diabetic Patient Over The Phone, Ruled Liable For Death - Aide Pushed Client: Court Says Grounds Existed For Dismissal - Fall In Parking Facility: Court Rules It An On-The-Job Injury - Surgical Nursing: Court Says Nurses Are Not Responsible For Reviewing Items On Doctors’ Preference Cards - Polio Vaccine: CDC Recommends OPV No Longer Be Used, Proposes New Vaccine Information Materials - CDC: New Draft Guidelines For Prevention Of Opportunistic Infections In Bone Marrow Transplant Recipients - Home Health Nurse Guilty Of Misconduct: Discrimination Charges Dismissed - Nursing Home Should Have Asked For Guardian, Not Made Resident Sign Power Of Attorney
September 1999 Mental Abuse: Court Says Skilled Nursing Center Had Right To Report, Fire Nurse - Psychiatric Patient Sexually Assaulted By Another Patient: Court Holds Facility Liable For Negligence - Discharged Psych Patient Kills Parent: Court Says Psychiatrist Should Have Known, Notified Family Of Material In Nurses’ Notes - Abuse Of Home Health Client: Court Says Aide Had No Right To Take Matters Into Her Own Hands - Electronic Patient Monitor Turned Off: Court Finds Nurses Guilty Of Negligence - HMO: Court Upholds Right To Sue For Negligent Assessment And Failure To Take Timely Action - Discrimination: Court Says Caucasian Male Nurse Can Sue Over Disparate Treatment - Operating Room: Court Holds Nurses At Fault For Non-Counted Instrument Left Inside Patient - Withholding Food From Nursing Home Resident: It Is Patient Abuse, But Accusations Must Be Proven Or Nurse Can Sue - Narcotics Addiction And Diversion: Court Rules "More Likely Than Not" Is Standard For Judging Nurse’s Acts - Medical Confidentiality: Court Keeps Other Patient’s Identity, Utilization Review Documents From Patient/Plaintiffs - Surgical Consent: Physician Was At Fault, Not Nurse - Correctional Center Nurse Was Deliberately Indifferent To Inmate’s Need - Correctional Center Nurses Not Deliberately Indifferent To Inmate’s Need - Post-Surgical Infection: Court Finds No Proof Quick Disinfectant Soak Was The Actual Cause
August 1999 Supreme Court Rules Premature Transfer To Skilled Nursing Care Violated EMTALA - Employment Discrimination: Gender Stereotypes To Play No Part In Employment Decisions For Caregiving Professions, Court Says - Nursing Home Negligence: Court Cuts Down Fees To Lawyers - EMTALA: The Act Applies When An Emergency Arises In The Hospital, Court Rules - Sexual Harassment: Court Says Victims’ Rights Are Restricted - Tampering: Court Praises Witness’s Actions - Patients’ Rights: Major New Conditions Of Participation For Medicare And Medicaid - EMTALA: Court Looks At How The Law Defines Patient Stabilization Before Transfer - Special Advisory Bulletin Outlaws Financial Incentives To Physicians To Reduce Services
July 1999 Surgical Wound Care: Court Rules Nurse Complied With Nursing Standard Of Care - Medication Errors: Court Says Grounds Existed To Fire Nurse - Employee Fails To Report For Work: Court Affirms Hospital's Right To Terminate For Insubordination - Home Health Agencies: HCFA Announces Implementation Of OASIS Data Collection, Transmission Requirements - Home Health: Court Reviews Legal Definition Of Homebound Status, Orders Agency To Continue Serving Quadriplegic Patient - Hospices: HCFA Accepts JCAHO Accreditation For Medicare Participation - Home Health: Court Validates Clients' Right To Sue, Orders Home Services Continued - Leg Fractures, Head Injury: Family's Lawsuit Against Nursing Home Dismissed, No Proof Of Medical Causation - Wound Infection: Court Weighs Conflicting Explanations, Sides With Hospital - Off-Duty Assault By Hospital Employee: Court Upholds Hospital's Right To Terminate For Cause - Neglect Of Nursing Home Resident: Charges Upheld Against Nurse's Aide - Informed Consent: Competent Patient Has Right To Terminate Emergency Life-Saving Treatment
June 1999 Suicide Attempt: Court Says Self-Injury Does Not Lessen Nurse's Duty Of Care - Misconduct: Court Says Employee Down With Flu Need Not Secure Replacement - National Origin Discrimination: Court Rules Nurse's Poor Attendance Was Valid Grounds For Firing - CDC: Prevention Of Opportunistic Infections In Persons Infected With HIV - Draft Of New Guidelines Available - Medicare/Medicaid Manuals Available - Mental Capacity: Court Looks At Nursing Documentation - Sterile Technique: Court Says Nurse's Long Fingernails Should Not Break Through Gloves - Care Of Family Member: Family And Medical Leave Act - Americans With Disabilities Act - A Court Looks At The Issues - Skilled Nursing: Court Examines Allegations Of Negligence Leading To Patient's Death - HIV: Fear Of AIDS Without Actual Exposure To HIV No Basis For Suit, Court Says - Psychiatric Patient Causes Car Crash While Out On Pass: Court Says Nurses, Physician Not Responsible For Death, Injuries To Other Motorists - Blood Drawn For Evidence - Driving Under The Influence: Court Says Patient Cannot Sue ER Nurse - Harassment: Court Holds Employer Responsible For Employee's Conduct - Interference With Contract: Court Says Nursing Agency Can Sue Its Competitor - Reverse Discrimination: Nurse Has Right To Sue, But Must Prove Race Was A Factor, Court Says
May 1999 Pediatric Apnea Monitor: On/Off Switch Off, Court Rules Nurses Were Negligent - CDC: New Vaccine Information Materials, Immunization Schedules For Hib, Varicella - Nurses Sexually Harassed By Physician: Court Says Nurses Can Sue Hospital For Negligent Credentialing - Substance Abuse: Family And Medical Leave Act Is Only For Treatment, Not Unexcused Absences - Involuntary Administration Of Psychotropic Medication: Court Rules A Court Order Must Specify The Drug And The Dosage - Abuse Of Incapacitated Adult: Caregivers Convicted For Beating Resident They Were Trying To Restrain - Endotracheal Tube: Patient Bit Tube Through, Court Says Nurse Should Have Alerted Physician - Nursing Diagnosis: Court Says Nurse Cannot Make Psychiatric Diagnoses - EMTALA: Court Case Says Prior Approval By HMO No Basis To Deny Emergency Care - Hospices: HCFA To Accept CHAP Accreditation For Medicare Participation - HIV Positive Patient: Court Ruling On Claim Of Disability Discrimination - Alzheimer's: Interference With Family's Finances Grounds For Firing, Court Says - Theft: Court Says Taking A Can Of Soda Not Grounds For Nursing Home To Fire CAN
April 1999 Labor/Delivery: Nurse Not Negligent, Kept Physician Informed Of Late Decelerations - Nursing Malpractice: Patient's Death Caused By Multiple Factors, All Related To Substandard Nursing Care, Court Determines - Nurse Midwifery: Non-Licensed Practitioner Convicted Of Unlicensed Practice Of Medicine, Felony Child Endangerment For Incompetent Assistance With Birth - CDC: New Vaccine Information Materials, New Immunization Schedule For Hepatitis B - CDC: New MMR Vaccine Information Materials - Age Discrimination: Nursing Home Administrator's Case Thrown Out - Patient Steps On Glass Tube: Lawsuit Upheld - ERISA: Court Says Lawsuits For Negligent Care Planning Are Not Barred Against Health Plans - Discharge Instructions: Patient Read And Signed Form, Court Imposes No Further Duty On Nurse
March 1999 Sexual Harassment: Nursing Home Minimized Its Liability By Acting Promptly - Psychiatric Nursing Assessment: Patient Later Attacked His Family, But Court Dismisses Case - Home Health: HCFA Now Requires OASIS, Electronic Reporting For Medicare Patients - Resident Falls: Nurse Did Not Know Resident's Ambulation Status, Court Finds Negligence - CDC: New Vaccine Information Materials For IPV, OPV Polio Vaccines - Post-Surgical Drip Solution: Court Says Nurses Should Have Heeded Patient's Complaints Of Burning, Pain - Reasonable Accommodation: Injured Aide Not Offered Lower-Paying Clerical Job, Court Upholds Disability Discrimination Lawsuit - Nurse Strikes Patient With Door: Court Says Patient, Not Nurse, Was Negligent, Dismisses Suit - Involuntary Psychiatric Hold: Time Limit For Mental Exam Starts On Admission, Not Presentation In Emergency Room, Court Rules
February 1999 Discharge Instruction: What Happens At Home Can Be The Nurses' Responsibility - Dementia, Agitation: Nurses Properly Assessed And Monitored Patient, Court Dismisses Lawsuit - Back Injury: Court Ruling On Reasonable Accommodation To Caregiver's Disability - Psych Patient Raped: Court Faults Lack Of Supervision - Client's HIV Status Revealed, Lawsuit Threatened: Court Upholds Firing Of Program Coordinator - Unidentified "John Doe" Patient: Court Says Hospital Under No Duty To Locate And Notify Family About Death - EMTALA: Patient Was Screened Appropriately, No Violation - Gender Discrimination In Employment: Court Finds Male Nurse Was Disciplined Quicker Than Female, Says He Has The Right To Sue - Race Discrimination: Court Says Subjective Process For Evaluating Nurses For Job Promotion Was Pretext For Biased Choices - Nurse Diverting Narcotics: Court Throws Out Nursing Home Resident's Suit - Needle Stick: Trash Handler Can Sue For Physical Injury, Cannot Sue For Fear Of HIV, Court Says - Nurse Refused To Assess Resident's Chest Pain: Court Upholds Firing - Insulin Overdose: Court Upholds Nurse's Firing
January 1999 Gender Bias: Male Nurse Did Not Have The Qualifications, Lawsuit Dismissed - Patient Sexually Assaulted By Aide: Court Holds Hospital Liable To Pay Damages For Negligence - Patient Assisted To Floor During Ambulation: Court Rules Aides Were Not Guilty Of Negligence - Resident Falls Off Commode: Court Finds Neglect Of A Vulnerable Adult - Patient Falls From Examining Table: Court Finds No Negligence By Doctor Or Nurse - Patient's Suicide: Court Rules Supervision Was Inadequate, Wrongful Death Lawsuit Upheld - Emergency Medical Services: New HCFA Advisory Bulletin Will Strike Down Prior Approval By Health Maintenance Organizations - HMO's Telephone Triage Line: Court Holds HMO Accountable For Nurses' Negligent Advice - Visiting Nurse Finds Elderly Person Alone, Helpless: Court Finds Abuse Of Dependent Adult By Caregiver - JCAHO Standards: Court Says A Violation Can Be Used As Proof Of Negligence - Ambulatory Surgery Centers: AAAASF Accreditation For Medicare - Nursing Agency: Nurse Is Allowed To Quit And Start Own Business, Unfair Competition Lawsuit Thrown Out By Court
December 1998 Patient's Charts: Court Defines Patient's, Provider's Rights And Responsibilities Patient Falls: Court Faults Nurse's And Orderly's Professional Judgment, But Dismisses The Case - Freedom Of Speech: Court Says Nurses Who Exercise The Right To Report Abuses Are Protected From Employer Retaliation - Retaliation: Nurse Can Sue If Fired For Reporting Violation Of The Law, Court Says - Retaliation: Nurse "Whistle-Blower" Was Not Reporting Matters Of Public Concern, Court Says NO To Suit - False Imprisonment: Patient Held In Alcohol Rehab Against His Will Can Sue, Court Says Legal Grounds Not Present For Involuntary Mental-Health Hold - Abuse Of Vulnerable Adult: Court Says Nurse Did Not Have Probable Cause, Nurse Not Liable In Patients' Suit For Failing To Report Psychiatrist - Post-Operative Staph Infection: Court Finds No Proof Pre- Or Post-Op Nursing Care Was The Cause, Throws Out Patient's Lawsuit
November 1998 Post-Surgical Care: Court Holds Nurse Negligent For Forcing Patient Out Of Bed - 24-Hour Shift Rotation: Court Rules Ability To Work Nights Essential Function Of Nurse's Job - Substance-Abuse Screening: Patient Assessed For Suicide Potential, Referred To Detox - Court Says Clinic Did Its Duty - Living Will: Nurse Treats, Intubates Patient, Unaware Of Living Will, But Court Upholds Nurse's Actions - Elective Abortion: Court Upholds Nurse's Right To Refuse To Participate - Patient Raped: Court Holds Psych Unit Staff At Fault For Leaving Sedated Female Patient Alone In Unlocked Room - Patient Leaving Hospital AMA: No Right To Sue For Injuries Trying To Stop Patient - Mother Faints At Sight Of Child's Blood: Lab Not Responsible - Correctional-Center Nurses: Court Finds No Civil Rights Violation, Dismisses Inmate's Charge Of Deliberate Indifference To Serious Medical Need - Operating Room: Nurses, Hospital, Physicians Share Responsibility If Patient Not Padded Properly - Hospital's Employee Assistance Program: Employee's Sexual Compulsion Should Have Been Reported, Court Says - Bipolar Disorder: Nurse Not Disabled, Errors In Charting, Patient Care Were Grounds For Firing - Hepatitis C: Nurse Was Disabled By Fatigue, But Was Not A Qualified Individual With A Disability - Retaliation: Court Upholds Right To Sue After Discrimination Claim Has Been Ruled Invalid - Chest Pains: Nurses' Failure To Respond Grounds For Dismissal, Court Rules - Physician Peer Review: Nurse Gets Caught Up In A Lawsuit
October 1998 Reasonable Accommodation: Court Says Hospital Need Not Retrain Disabled Nurse - Needle Stick: Hospital Refused To Show Patient The Incident Report, Court Says Patient Can Sue - Emergency Medical Treatment And Active Labor Act (EMTALA): Nurse Assessed Patient, Had Patient Seen, Court Rules There Was No EMTALA Violation - Hospices: HCFA Proposal For CHAP, JCAHO Accreditation For Medicare/Medicaid - Caregiver Pushed Client: Firing Upheld By Court - Euthanasia By Nurse: Family Claims Hospital's Investigation Caused Emotional Distress - Court Says NO To Suit - Pregnancy Discrimination: When Nurse Became Pregnant, Discipline Became Abrupt, Court Says This Nurse Can Sue - Hepatitis B, Haemophilus Influenzae Type B, Varicella, Measles/Mumps/Rubella: Vaccine Information Materials On The Way From CDC - Speculum Was Too Hot: Nurses Warned Physician, Court Faults Physician - Special Health Risk: Chart Should Have Been Red-Flagged, Court Says - IV - D5/W: Court Says Nurses Were To Blame For Patient's Water Intoxication - Pre-Term Labor: Court Says Nurse Should Have Called Physician So Ritodrine Could Be Started - Home Health: Court OK's Aide's Firing For Having Keys To Home - Release Of Psych Patient: Court Says Hospital Must Warn Person With Custody About Patient's Verbalized Threats Toward Her Children - Alzheimer's: Court To Weigh Patient's Capacity In Injured Worker's Suit - Spoliation Of The Evidence: Court Saw No Intent To Lose Patient's Films, Sides With Hospital - Race Discrimination: Fair Housing Law Applies To Nursing Home Admissions, US Court Says
September 1998 Nurse Not Trained: Nurses, Hospital, Physician To Pay Their Shares Of Verdict - Used Sharps Disposal Container: Child Should Not Have Been Able To Reach In, Prick Finger - Nurse With Lifting Restriction: Employer Failed To Look For Essential Functions Of Nurse's Med/Surg Nursing Position - Patient's Transfer Delayed: Hospital Responsible For Death, Court Says - Emergency Medical Treatment And Active Labor Act (EMTALA): Patient Was Stable, OK To Send To Public Hospital For Surgery - Nurse Refused Interactive Process: Disability Discrimination Claim Dismissed By Court - Ability To Restrain Patients: Essential Function For Psychiatric Nurse, Court Says - Newborn Given To Another Mother To Nurse: Court Dismisses Mother's Lawsuit - MRI Claustrophobic Panic Reaction: Court Says Patient Can Sue Caregivers Over Psychological Harm - Psych Patient Not To Have Guns In The House: Hospital Ruled Liable For Failing To Tell Wife On Discharge - Medicaid Cuts: Nursing Facility Not Required To Keep It Ventilator Unit Open, Court Says - Involuntary Discharge From Nursing Home: Court Allows Civil Conspiracy Lawsuit - Expert Testimony: Court Will Not Let Nurse Second-Guess Physicians' Judgment - Abuse of Nursing Home Resident: Court Accepts Hearsay "She Hit Me" As Resident's Excited Utterance - Spring Forward - Fall Back: Fetal Monitor One Hour Ahead Of Real Time, Confusion Detrimental To Defense Of Case
August 1998 Sexual Harassment: Court Rules The Care Plan Fulfilled Nursing Home's Legal Duty - Surgical Implant: Court Says Nurse Should Have Sought Review Of Surgeon's Choice Of Product - Video Conferencing: HCFA Proposal To Expand Medicare Part B Reimbursement - Hospital Building Abandoned: Court Says Teens Who Found Drugs Were Trespassers - Religious Discrimination: Court Says Employee Must Get Social Security Number, Even If Against Beliefs - Identification Of Organ, Tissue, Eye Donors: New HCFA Regulations For Hospitals - Abuse Of Clients' Property: Aide Fired For Long Distance Calls - Feeding Tube Placement, IV Not Checked: LPN Fired - Family And Medical Leave Act: Leave Lasted Longer Than 12 Weeks, Court Says No Right To Sue Employer - HIV: Court Says No Legal Duty To Advise Spouse She Is At Risk As Spouse Of At-Risk Person - Neurological Assessment: Nurse Followed Hospital Policy - Court Blames Sitter For Not Recognizing And Reporting Neuro Signs - Disability Discrimination: Court Says Nurse Did Request Accommodation Before Her Dismissal
July 1998 Infection Control: Court Lets Staph-Infected Spouses Sue Nursing Home - Antiseptic Sensitivity: Court Rules Betadine Use On Patient Who Reported Allergy Is Negligence - Depression And Anxiety: Court Rules That Nurse Not Disable, Throws Out Disability Discrimination Lawsuit - Insertion Of Rectal Suppository: No Sexual Assault - Court Throws Out Civil Case Against Hospital - Disciplinary Notice From Board Of Nursing: Typographical Error In Nurse's Address Does Not Invalidate Board's Proceedings, Court Says - Scope Of Advanced Nursing Practice: Court Says Board's Procedures Violated Nurse's Constitutional Rights - CDC: Draft Guideline For The Prevention Of Surgical Site Infection - Former Psych Patient Pushes Victim In Front Of Subway Train: Court To Consider Premature Discharge Suit - False Imprisonment: Nurse Attempted To Hold Patient Against His Will - Court Says Patient Can Sue Hospital - Pregnancy: Nurse Has No Right To Sue For Disability Discrimination, Court Says
June 1998 HIV Positive Surgical Tech: Removal From Operating Room Is Not Disability Discrimination, Court Says - Soft Restraints: Nurse Not Following Nursing Home's Rule For Prior Approval By In-House Physician Grounds For Termination, Court Says - Repeated Medication Errors Grounds For Nurse's Firing, Court Says - Guardian Failed To Apply For Medicaid: Court Says Nursing Home Could Take Legal Action - Disability Discrimination: Court Rules That Nursing Director's Inability To Handle The Stress Of A Particular Job Is Not A Disability - Neglect Of Nursing Home Resident: Court Rules Director Of Nursing Committed Civil Malpractice, Not Guilty Of Criminal Neglect - Rape Crisis: Nurse's Substandard Treatment Of Victim Was EMTALA Violation, Court Says - Osteoporosis: Patient's Legs Broken By Nurses In Transfer - Substantial Jury Verdict Against Hospital - Psychotropic Medication: Grounds Exist For Involuntary Administration, Court Rules - Work Rules: Court Upholds Right To Expect Proper Attire, Promptness From Nurses - Religious Discrimination: Hospital Employee Preaching To Patients - Half-Way House Resident Injured: Court Upholds Right To Sue
May 1998 Disability Discrimination: Hospital Need Not Accommodate Poor Attendance, Court Says - Physician Orders Nurse Not To Resuscitate Patient: Court Faults Physician's Judgment - Patient Wanders Away From Rehab Facility: Suit Dismissed On Legal Technicality - Nursing Home Fees: Court Can Decide If They Are Reasonable - HIV Status Of Pregnant Patient: Clinic Nurse Gave Negligent Advice - Hospital's Public Call-In And Referral Phone Line: Nurse Gave Negligent Advice - Involuntary Psychiatric Commitment: Court Reviews Legal Criteria For Holding Patient - Intimidation Of Nursing Home Resident: Court Upholds Sanctions Against Aide - Verbal Abuse, Threats Grounds For Firing, Court Says - Disposition Of Stillborn Fetus: Court Disallows Suit For Emotional Distress - Patient Falls Down Stairs: Orderly Was Negligent - Hospices And Nursing Homes: Medicare/Medicaid Fraud Alert From Office Of Inspector General - Emergency Medical Treatment And Active Labor Act (EMTALA): Court Ruling On Appropriate Transfer To Another Facility
April 1998 Control Of Violent Patient: Court Upholds Verdict For Nurse Against Psychiatrist - Aide Injured On The Job, Files Worker's Comp Claim: Court Expresses Concern About Allegations Of Employer Retaliation - Patient Discharged Drunk, Hit By Car Walking Home: Treatment Center Ruled Not Liable - Emergency Medical Treatment And Active Labor Act (EMTALA): Two New Cases - Disability Discrimination: Nurse Taking Meds For Depression Is Not Disabled, Court Rules - Nurse With Prior Psychiatric Hospitalization Not Disabled, Has No Right To Sue, Court Decides - Skilled Nursing Care: Medicare Part A Coverage - Nursing Home Releases Financial Records To Wrong Family Member: Court Throws Out Invasion Of Privacy Lawsuit - Abuse Of Patient: Allegations Upheld Against Nurse's Aide - Labor And Delivery - Death Of Newborn: Court Dismisses Parents' Case - Involuntary Psychiatric Hold: Case Dismissed Against Nurses - Ulnar Neuropathy: Court Finds No Grounds For Patient's Lawsuit - Patient Falls In Bathroom: Court Says Hospital Not Liable For Negligence - Sexual Assault On Group Home Resident: Facility Violated Its Own Policy - Patient Fell Out Of Bed, Dropped In Transfer: Court Says Patient Can Sue For Negligence
March 1998 Male Nurse's Exam Of Female Psychiatric Patient Grounds For Firing, Court Says - Overdose, Wrong Medication: Court Rules Nursing Home Was Guilty Of Negligence - Neonatal Nurse Mistreating Babies: Court Upholds Board For Revoking Her License - HIV Test Results Mixed Up: Court Lets Patient Sue The Hospital For Negligence - Defamation: Court Discusses Nurse's Right To Sue Over Conduct Reported To Nursing Board - Patient's Suicide: Hospital Ruled Not At Fault For Hanging From Shower Rod - Retaliation: Nurse Fired For Reporting Patient Care Violations Can Sue, Court Says - Probationary Period Of Employment: Court Says Nurse Cannot Sue - Cardiac Tamponade: Nurse Expected To Know Signs And Detect It, Court Rules - Operating Room: Needle Count Should Have Included Hypo Used For Marker, Court Says - Operating Room: Sponge Counts Not Noted, One Left In Patient, Nurses Ruled Partially To Blame - Sexual Abuse Of Resident: Fine Levied, License Of Nursing Home Administrator Revoke - Cesarean Delayed: Substantial Jury Verdict Upheld By Court - Medical Surgical Nursing: Court Expresses Praise For Care Given To Patient
February 1998 Pregnancy: Court Says Hospital Properly Handled Employee's Environmental Risk/Risk To Fetus - Medicare/Medicaid: Resident Assessment In Long Term Care Facilities - HCFA's Final Rule - Diphtheria, Tetanus And Pertussis Vaccines: CDC's New Vaccine Information Materials - Nursing Home Resident Injured: Verdict Of No Negligence Upheld By Court - Medical Records: Hospital Gives Copies To Nurse/Defendant - Court Rules Nurse Can Be Sued For Breach Of Medical Confidentiality - Labor And Delivery: Court Says Nurse Has To Report Signs Unambiguously To The Physician - Constructive Discharge: Nurses Resigned, Court Says, No Right To Sue
January 1998 Informed Consent: Court Says Nurse To Check Chart For Form, And Notify Doctor - Sexual Harassment: Court Vindicates Nurses' Claims - Informed Consent For Surgery: Court Says Hospital Not Liable Even If A Nurse Witnesses The Form - Blood Transfusion: Frequent Close Monitoring Of Patient, Chart Notes Required - Court Says Nurses' Negligence Did Not Cause This Patient's Death - OSHA: Court Says Nurse Cannot Be Fired For Occupational Safety And Health Complaints - Post-Mortem Care Of AIDS Patient: Court Throws Out Undertaker's Lawsuit - Contaminated Instrument (Colonoscope): Court Says Patient Can Sue For Fear Of Disease From Actual Exposure - Patient In Labor: Information Desk Should Have Sent Her To Emergency Room, Not Waited For Her Physician, Court Says - Patient Confused From Medication: Hospital Personnel Must Watch For Falls, Be Careful In Transport, Court Rules - Disability Discrimination: Nurse With Cancer Has Claim Over Removal From Cancer Patient's Care, Court Says - Expert Testimony: Court Rejects Nurse's Qualifications As An Expert On Medical Practice - Elder Abuse: Court Says Suit Should Be For Malpractice - Medical Records: Hospital Can Release Alcohol Records, With A Specific Release From The Patient, Court Rules - Substandard Nursing Care: Court Upholds Revocation Of Nurse's License