Holland & Hart Healthcare Law Blog

NEGLIGENT DISCHARGE?

The  Indiana Court of Appeals, in McSwane v. Bloomington Hospital and Healthcare System, Ind. App. ct.,No 53A04-075-cv-243 (March 12, 2008) reversed a summary judgment granted in favor of Bloomington Hospital in a claim, that the hospital negligently discharged Malia Vandenneede into the custody of her estranged husband, Monty Vandeneede, following her treatment for apparent martial abuse. The hospital treated Mrs. Vandeneede for laceration puncture wounds and arm and wrist pain
which Mrs. Vandneede herself related to falling off of a horse onto a pile of debris. The plaintiff in the case, Mrs. Ava McSwane, was Mrs. Vandeneede's mother,who advise a hospital nurse that Mr. Vandeneede had beaten his wife with a fireplace poker.

NURSING LOYALTY TO HOSPITAL/DOCTOR OR TO PATIENT?

One of the major stressors in the practice of nursing is the presence of nurses at the fault lines between hospitals, physicians and patients and a sometimes confusing array of demands on a nurses primary loyalty, where the interests of a hospital and/or a physician conflict with that of a patient.  The practice of nursing is now a heavily regulated profession governed by individual state nursing codes and overseen by State nursing boards who have the power to issue or withdraw licenses to practice nursing.  Included in most state nursing statutes and regulations are general obligations to patients and their families to provide care, counseling and teaching to assist the patient in acquiring and maintaining good health or in dealing with poor health.

Unauthorized Disclosure of Patient Information To Non-Treating Doctor Supports Discipline Against Nurse

Britton Cherish Walters, a nurse at Columbia/St.David's Healthcare System in Austin, Texas took matters into her own hands and consulted with a non-treating physician when she became concerned that a patient in the hospital was suffering a stroke. She did so after the treating physician did not come into the hospital to evaluate the patient, but did give instructions for futher tests and observation. The patient had in fact suffered a stoke.