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Biomedical subjects

E K Murphy

Publications and source records attributed to E K Murphy.

At least 91 records · Page 5Linked to original sources
PubMed1988

Informed consent: Part II.

Although the legal responsibility to inform and obtain the patient's consent lies with the surgeon, the agency may have a duty to ensure that the patient's consent has been obtained. Agency liability is limited to those cases in which the agency knew (or should have known) that informed consent was not obtained. It is still unclear whether agencies have an affirmative duty to ensure that consent has been obtained. If this duty does exist, it appears that a policy requiring documentation in the medical record of the patient's consent meets this requirement. It is clear that whatever the extent of the agency's duty, it does not include the duty to give the patient information or assess his or her level of understanding. Court opinions discourage anyone but the physician from doing so. A nurse's legal responsibility is limited to following agency policy. Courts have not recognized any independent nurse duty beyond that which accrues to them as employees of the agency. Perioperative nurses often provide the final checkpoint that consent has been obtained and documented before the procedure begins. This unique position raises additional legal concerns if the agency's policy is not followed or if the premedicated patient arrives without proper consent documentation in the record. Perioperative nursing concerns will be discussed next month in Part III.

Adolescent↗
PubMed1987

Preventing a successful malpractice claim.

All of these strategies combine to make it less likely that a suit will be filed. But the strategies of complying with the standard of care and accurately documenting that care also combine to make it less likely that a suit will be successful. Injury is just one element of a successful malpractice suit. The plaintiff's attorney must also convince the judge or jury that the defendant failed to meet the standard of care and that failure caused the patient's injury. By complying with the standards of care and documenting that care, the nurse makes it easier for his or her attorney to counter arguments that the standard of care was not met. Accurate documentation can also fortify arguments that the nurse's actions did not cause the injury. There is nothing magical about these five strategies. Nurses will recognize each as actions good nurses perform in the course of their practice. Providing good nursing care also provides the best legal protection.

Documentation↗
PubMed1986

The many faces of the liability insurance crisis.

The purpose of this column is to provide an overview of some of the issues and arguments encompassed in the liability insurance crisis, and to impress upon nurses that they can no longer view them as relevant to physicians and hospitals only. This brief overview cannot cover all you need to know before making decisions about insurance or forming strategies to address your state regulations. It is intended to provide you with an impetus to work within your state nurses' association to learn more.

History, 20th Century↗
PubMed1986

The expert nurse witness.

The expert nurse witness plays a necessary role in our civil system. Although the prospect of serving as an expert witness may seem onerous, OR nurses should give serious thought to doing so. If practicing OR nurses do not testify, attorneys may have to rely on physicians or non-OR nurses to testify to OR nursing standards. As professionals who want to establish and uphold professional standards, OR nurses should consider serving as expert witnesses to assist the court in establishing the legal standards of OR nursing practice.

Expert Testimony↗
PubMed1985

Can the RN first assistant be held liable for patient injury?

In summary, if an action of the RN first assistant causes a patient injury, both the primary surgeon and the RN first assistant could be liable. The primary surgeon could be liable for failure to see that the operation was performed with due care. At least one state appellate court has found that this is a nondelegable duty of the primary surgeon. The RN first assistant could be liable if the action that caused the patient injury was not in accordance with what a reasonable and prudent first assistant would have done. If first assisting is included within the scope of nursing practice by rule or statute in that state, the RN first assistant action could be measured against what an RN first assistant would have done, even though first assisting has traditionally been a physician's role. The fact that first assisting may be within the scope of nursing practice for some procedures and patient conditions does not mean the nurse should be allowed to assist on all procedures or in all patient conditions. The institution may have an independent duty to its patients to determine which patient procedures and conditions are appropriate for an RN first assistant.

California↗