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Nurses Can Be Sued for Following Doctor’s Orders, NC Court Rules (North Carolina)
Nurse.org ^ | 2 September 2022 | Sarah Falcone

Posted on 09/12/2022 5:40:41 AM PDT by CodeToad

Nurses in North Carolina can now be sued for following doctors’ orders when they cause harm to the patient. On Friday, August 19, 2022, a narrowly-split North Carolina Supreme Court struck down a 90-year-old precedent that protected nurses from liability. The opinion of the three justices in favor of overturning the ruling stated that because nursing had evolved, the decision was necessary. The two dissenting justices countered that holding nurses accountable for physicians’ decisions would create “liability without causation.” How this latest ruling will affect future cases is unclear. The full legal briefing can be found here.

(Excerpt) Read more at nurse.org ...


TOPICS: Government; News/Current Events; US: North Carolina
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To: Twotone

That is a ridiculous statement. My wife is an acute care nurse and was nearly fired for questioning her doctor. She was right and he knew it. She has over 30 years of experience. After, he began to harass her. She had to file a harassment and hostile work environment complaint to keep her job. The clinic and hospital backed the doctor but corporate split the baby and and told my wife to follow doctors orders, but the doctor had no right to harass her. Since that occurred they have cut her hours dramatically. Other nurses took note and fell in line.


61 posted on 09/12/2022 9:13:46 AM PDT by OldGoatCPO (No Caitiff Choir of Angels will sing for me)
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To: surroundedbyblue
Do you think a three year old with many medical problems including heart disease was an appropriate CRNA case? An MD anesthesiologist should have been administering anesthesia. Midlevels need to know their limitations, but somehow don't. And if you make a mistake, you should be sued just like MDs.
62 posted on 09/12/2022 9:36:15 AM PDT by kaila
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To: Gnome1949
Look for thousands of nurses to quit and move to another state.

In that case, maybe I'll be able to find a native-born nurse now

63 posted on 09/12/2022 9:40:00 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
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To: kaila

Having worked in a tertiary care children’s hospital for more than a decade, yes I do think this is a case for a CRNA. The CRNA here was working with a physician anesthesiologist, by the way, so if the “mid level” provider was in over his head, where was the all-knowing doctor?


64 posted on 09/12/2022 9:54:37 AM PDT by surroundedbyblue (Proud to be an Infidel & a deplorable. )
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To: CodeToad

If it is a blatantly bad call in the preview of the nurse’s education and responsibility they should say something/question/stop an order and get clarification or refuse the order. Too many docs have made a totally wrong decision that led to maiming or death of a patient could of been prevented by a nurse.
To cover this change, all medical personnel need at least personal liability insurance. when I was an EMT/firefighter and ski patroller I had an umbrella rider on my personal insurance and still keep it now in case of stupid folks suing me.


65 posted on 09/12/2022 9:55:56 AM PDT by Liaison (TANSTAAFL)
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To: gas_dr

I’m not in need of any clarification.

You attempted to obfuscate the facts by ignoring that this was a care team model anesthetic and an anesthesiologist was present. You quickly turned this into “CRNA bad, doctor good” argument which was never the purpose of the original Pat at all.

You really ought to change your handle to “gaslighting_dr”. More often than not, you bloviate then accuse others of twisting your words.


66 posted on 09/12/2022 9:56:48 AM PDT by surroundedbyblue (Proud to be an Infidel & a deplorable. )
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To: surroundedbyblue

Was the CRNA working with an actual MD anesthesiologist, or just working under their license, so the MD gets sued, too? That is what is happening nowadays. Hospitals hiring midlevels, and forcing the MDs to be liable for them. If you are working as a midlevel, you should be responsible for your own errors. Right now, nurse practitioner training is largely online. When they graduate, they rely on an actual MD to train them. Its a dumbing down of healthcare. Know who is treating you. It may save your life. They are called noctors, not doctors.


67 posted on 09/12/2022 10:00:44 AM PDT by kaila
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To: kaila

Read the legal brief of the case. The MD and CRNA were working as a team and induced the child together.

I am not a nurse practitioner and my education was not “online”. I carry my own malpractice and never once stated that a physician should be sued and/or liable for my decisions. Stop putting words in my mouth.


68 posted on 09/12/2022 10:06:16 AM PDT by surroundedbyblue (Proud to be an Infidel & a deplorable. )
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To: surroundedbyblue

What is the definition of a team? How many other patients did that MD supervise at that time because hospitals find CRNA cheaper?I knew an MD who was sued over a patient case, who never saw the patient, never even knew that patient existed. That patient was being seen by a PA under the MD license in a different clinic.Its happening now in ERs.


69 posted on 09/12/2022 10:17:31 AM PDT by kaila
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To: Gnome1949

The demand for Nurses is extraordinarily high. An RN with experience can go anywhere in the country and earn good pay. North Carolina will pay a price for this foolishness.

This appears to be just more undermining of our Health Care System. North Carolina Court has truly stepped in it here, IMO.


70 posted on 09/12/2022 10:23:37 AM PDT by Radix
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To: Radix

Nurses have always had responsibility, and can get sued. But midlevels who promote themselves as better than MDs use the MD license to protect themselves. In this case, it was a nurse anesthesiologist taking a three year old with multiple medical problems including heart disease. When CRNA came onto the scene, they only took the easy cases.Now, they are trying to displace MD. Watch who delivers your care, their license and training.


71 posted on 09/12/2022 10:34:00 AM PDT by kaila
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To: kaila
Excuse me, nurse anesthetist.
72 posted on 09/12/2022 10:36:34 AM PDT by kaila
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To: OldGoatCPO

That is a ridiculous statement.

_____

Well, the point of the article is that nurses can be made responsible if they see a doctor’s error & do nothing about it. Your wife is in an untenable situation. Follow orders & possibly be involved in a lawsuit or find a new job. If it was me, I’d be out there looking...


73 posted on 09/12/2022 11:32:17 AM PDT by Twotone (While one may vote oneself into socialism one has to shoot oneself out of it.)
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To: CodeToad

nurses carry malpractice insurance for this very reason


74 posted on 09/12/2022 12:41:18 PM PDT by markman46 (engage brain before using keyboard!!!you)
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To: eastforker

Ever heard of the expression “$hit flows downhill”. On just about any job, even in the military, it doesn’t matter what orders from above say, it’s the bottom guy on the totem pole who be held accountable if something goes wrong.

Has it has always been.. not just the guy at the bottom but eveyone as it rolls down hill


75 posted on 09/12/2022 12:43:35 PM PDT by markman46 (engage brain before using keyboard!!!you)
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To: Mom MD

CRNA’s are supervised by an MD during admin of anesthesia.the MD must be in the room with the CRNA


76 posted on 09/12/2022 1:01:18 PM PDT by markman46 (engage brain before using keyboard!!!you)
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To: surroundedbyblue

You might want to read the original complaint.
You also don’t seem to be able to answer questions.
You said I impugned the care team model. I did not. I said CRNAs should be strictly supervised.

I asked you do you think you should be able to practice independently? This lawsuit simply reaps what the AANA has sown.

And someone else is exactly right. This is not a CRNA case. My I only complaint is that the health system would allow a pediatric heart to be done by a CRNA.


77 posted on 09/12/2022 1:01:24 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will. )
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To: surroundedbyblue; kaila
” I am not a nurse practitioner” —surrounded by blue So let’s review. You say I twist words. Yet you say to someone else you are not a nurse practitioner? Really? CRNA stands for certified REGISTERED NURSE anesthetist. You just told a straight out lie. You certainly are not a physician. You are a midlevel provider. How in the world do you reconcile with yourself presenting such dishonesty as a CRNA is not a nurse practitioner when the letters RN are right there. I guess yiu just don’t identify as a nurse practitioner so we have to honor that.
78 posted on 09/12/2022 1:13:40 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will. )
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To: gas_dr

billing as suprrivsed and reimbursed under the supervising dr, or so how its done in california


79 posted on 09/12/2022 1:18:48 PM PDT by markman46 (engage brain before using keyboard!!!you)
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To: markman46

CRNAs see extenders. The MD does not have to be in the room with the CRNA. additionally CRNAs want to tell you there is no difference between them and a physician. Bill Clinton the great liberal gave them independent practice.

They should be strictly supervised. They simply are not trained like an anesthesiologist and should not practice alone.


80 posted on 09/12/2022 1:19:25 PM PDT by gas_dr (Conditions of Socratic debate: Intelligence, Candor, and Good Will. )
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