Amicus Brief

TAANA's Amicus Brief Supporting a Nurse's Non-Negotiable Duty to Advocate

TAANA member, Diane Warlick, recently wrote a compelling Amicus Brief on behalf of TAANA in the case of Ellen Hughes Finnerty v. Board of Registered Nurses, Court of Appeals for the State of California, Cause No. B 200659. Another TAANA member, Phyllis Gallagher, raised awareness of the situation shortly after the entry of the California Board of Nursing ruling against her client.

The case concerns a nurse's duty to serve as a vigilant advocate for the safety and rights of a patient in the face of a doctor's order that the nurse believes to endanger the patient.

The brief filed on behalf of TAANA references the longstanding history of tension between the medical and nursing professions. As stated by Warlick, "… There are clearly areas of overlap in the scopes of practice of nursing and medicine, yet they remain clearly separate and distinct professions."

Issues raised by the brief:

1. The professionalism of nursing practice no longer requires nurses to blindly follow orders that may cause harm
2. The standards of nursing practice and the Nursing Code of Ethics establish duties condone a nurse's refutation of a physician's order that she believes would cause harm
3. Public policy concerns for a board's infringement on a nurse's duty to exercise professional judgment
4. The distinction between errors in judgment carried out in good faith versus malpractice and related degrees of appropriate penalties
5. The discipline of the exercise of nursing judgment and the resulting detriment to future patients in need of nursing advocacy

Once again, TAANA is proud not only to advocate excellence and support the profession of nursing, but to commend the excellent work of fellow nurse attorneys and TAANA members, Diane Warlick and Phyllis Gallagher.

To view the Amicus Brief in its entirety, CLICK HERE

To view the Table of Authorities, CLICK HERE