Nurse Running Hospital's Errand: Hospital Can Be Liable For Auto Accident

Legal Eagle Eye Newsletter for the Nursing Profession

 October 1997  

  Quick Summary: A nurse on an errand for her employer is acting within the course and scope of her employment and her employer is liable for her negligent driving.

   In this case, the nurse had completed her errand for the employer and was on her own way home when the motor vehicle accident occurred. She was liable to pay damages, but the hospital was not. COURT OF APPEAL OF LOUISIANA, 1997.

   The nurse in this case was asked to deliver stock IV fluids to the home of one of the hospital’s home health patients, on the nurse’s way home from work.

   She left at her usual quitting time, made the delivery, drove back past the hospital, and on her way home had a motor vehicle accident. The jury found the nurse negligent, but the judge ruled the hospital was not responsible to pay personal injury damages in this particular case.

   The important point from the Court of Appeal of Louisiana is that a nurse on an errand for the nurse’s employer in many circumstances is considered to be in the course and scope of employment, and the employer will be liable for injuries caused to others in an auto accident. Bertrand vs. Bollich, 695 So. 2d 1384 (La. App., 1997).