Mother Faints at Sight of Child's Blood: Hospital Not Responsible
Legal Eagle Eye Newsletter for the Nursing Profession
June 1997
Quick Summary: The mother had indicated she sometimes became ill at the sight of blood. She was given the choice and she elected to remain in the room for approximately ten minutes while blood was being drawn. Then the mother washed and put a bandaid on her child’s finger.
According to the New York Supreme Court, Appellate Division, the phlebotomist asked the mother to remain in the room while her child’s blood was drawn, to assist in calming the child. But she was not required to stay in the room.
At no time during the procedure or before she stood up to leave the room was it apparent the mother was suffering any ill effects from having witnessed her child’s blood being drawn, the court said.
The mother fainted while walking out of the room, fell and broke her leg. The court ruled the laboratory was not at fault.
Pietrunti v. Diagnostic Laboratory, 676 N.Y.S. 2d 225 (N.Y. App., 1998).More references from nursinglaw.com
http://www.nursinglaw.com/emotional-distress-claim.htm
http://www.nursinglaw.com/family-member-IV-insertion.pdf
http://www.nursinglaw.com/faint.htm
http://www.nursinglaw.com/emotional-distress-family.htm