 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Suburban Hospital12/8/2000
the standard of care?
"A Mary Anderson?
"Q Yes.
"A Only insofar as when there is negligence at the bedside, that responsibility passes up the chain of command and that is a pretty well recognized principle in nursing.
"Q So if anything happens by any of the RNs on the unit while Mary Anderson is the charge nurse, she is responsible, is that correct?
"A That is correct.
"Q And that is your only criticism of Mary Anderson?
"A Right."
Dr. Goral likewise testified that his only criticism of Anderson had to do with responsibility going up the nursing chain of command. This testimony does not attribute to Anderson any act or failure to act that fell below the standard of care. Rather, the testimony embraces a legal theory and assumes that, in the nursing profession, a superior is liable for tort damages for the negligence of those holding inferior positions on a table of organization. That theory is, of course, a question of law ultimately for this Court to decide.
Kirson submits that the statutes and regulations relating to the nursing profession produce that legal result. Maryland Code (1981, 2000 Repl. Vol.), §§ 8-101 through 8-802 of the Health Occupations Article (HO) regulate the nursing profession. There is a state Board of Nursing in the Department of Health and Mental Hygiene (the Board). HO § 8-201. The Board has the exclusive power within the Department to adopt rules and regulations to determine, inter alia:
"(i) Individuals to whom any act of the practice of registered nursing and licensed practical nursing may be delegated; and
"(ii) The acts that may be delegated safely." HO § 8-205(c).
In the Code of Maryland Regulations (COMAR), Title 10, "Department of Health and Mental Hygiene," Subtitle 27, "Board of Nursing," chapter 11 deals with "Delegation of Nursing Functions." COMAR § 10.27.11.03, setting forth "Criteria for Delegation," reads in relevant part as follows:
"A. The nurse may delegate the responsibility to perform a nursing task to an unlicensed individual. The delegating nurse retains the accountability for the nursing task.
"B. Nursing tasks delegated by the nurse shall:
"(1) Be within the area of responsibility of the nurse delegating the act;
"(2) Be such that, in the judgment of the nurse, it can be properly and safely performed by the unlicensed individual without jeopardizing the client welfare;
"(3) Be a task that a reasonable and prudent nurse would find is within the scope of sound nursing judgment.
"C. A nursing task delegated by the nurse may not require the unlicensed individual to exercise nursing judgment or intervention except in an emergency situation.
"D. When delegating a nursing task to an unlicensed individual the nurse shall:
"(1) Make an assessment of the patient's nursing care needs before delegating the task;
"(2) Either instruct the unlicensed person in the delegated task or verify the unlicensed person's competency to perform the nursing task;
"(3) Supervise the performance of the delegated nursing task in accordance with Regulation .04 of this chapter;
"(4) Be accountable and responsible for the delegated task;
"(5) Evaluate the performance of the delegated nursing task; and
"(6) Be responsible for assuring accurate documentation of outcomes on the nursing record."
Kirson's submission is that under § 10.27.11.03.D(4) Anderson is "responsible for the delegated task." The argument is a mere play on words.<
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Maryland Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|