LEGAL EAGLE EYE NEWSLETTER
For the Nursing Profession


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WHAT IS OUR MISSION?
      Our mission is to reduce nurses' fear of the law and to minimize nurses' exposure to litigation.  Nurse managers need to spot potential legal problems and prevent them before they happen. Managers and clinical nurses need to be familiar with how the law is applied by the courts to specific patient-care situations, so that they can act with confidence.  
    We work toward our goals every month by highlighting the very latest important Federal and state court decisions and new Federal regulations directly affecting nurses in hospitals, long term care facilities and home health agencies. We focus on nursing negligence and nurses' employment and licensing issues.    Our readers are professionals in nursing management, nursing education, clinical nursing, healthcare risk management, legal nurse consulting and law.

WHAT PUBLICATION FORMATS ARE AVAILABLE?
     The Email Edition is our most popular format.  You receive the newsletter as a PDF file attachment in an email sent to you every month.  On any computer or mobile device you simply click the file attachment to open, read, download, and/or print the newsletter. 
    The Email Edition is ideally suited to individuals.  It can also be used by large institutions.  Within an institution, like a hospital or university nursing department, an individual subscriber can forward pertinent articles to colleagues within the institution.  The content cannot be forwarded outside the institution or posted online.   An example might be a nursing director or director of nursing education who shares articles with nurse managers in individual clinical departments.
   The Online Edition is a format suited to educational and healthcare facility libraries with multiple users.  We send a link via email for the current monthly newsletter.  To open the link to the newsletter for that month the subscriber or other user must be using a computer or device whose IP address or range of IP addresses we have authenticated and given permission for online access.
     Print, Email and Online formats contain exactly the same content, eight pages with no advertising.

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DOES MY SUBSCRIPTION RENEW AUTOMATICALLY?
     No. Before your annual subscription runs out you will receive a renewal notice by email and regular mail.

 

 

Legal Eagle Eye Newsletter

For the Nursing Profession

PO Box 1342 Sedona AZ 86339

(206) 718-0861 

 

info@nursinglaw.com 

Visitor Steps Off Curb In Parking Lot, Falls: Hospital Not Negligent

   Quick Summary: A hospital visitor is considered by law to have come to the hospital at the hospital's invitation, assuming the visitor is there to call upon a patient, during regular visiting hours, and remains in the parts of the hospital premises that are open to visitors.

   A hospital has a legal duty of reasonable care for a visitor's safety while the visitor is visiting.

   However, the mere fact a visitor is injured on the hospital's premises is not sufficient by itself to support a personal injury lawsuit. The visitor must prove the hospital was negligent.  SUPREME COURT OF ALABAMA, 1996.

   Just because a visitor happens to be on the hospital’s premises when the visitor steps off a curb and falls does not make the hospital liable to the visitor in a personal injury lawsuit, according to the Supreme Court of Alabama. A visitor who sues for personal injuries from a slip-and-fall must prove that the hospital was negligent, and that the hospital’s negligence caused the visitor to fall.

   The hospital is under no obligation to come forward with proof that the hospital was not negligent, nor must the hospital prove the visitor or some other party was to blame. Accidents truly do happen.

   The rule is, according to the court, if the visitor cannot produce proof in court that the hospital was negligent, the visitor's personal injury lawsuit must be dismissed. Wooten vs. Health, 681 So. 2d 149 (Ala., 1996).