Amicus Brief Supporting a Nurse’s Non-Negotiable Duty to Ad …
|12 Jun 2007 14:18||Position paper|
|Robert Ranieri (Administrator)||Back to the List
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:
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.
Contact: Patricia M. Adkinson
ILLINOIS SUPREME COURT RULES ONLY NURSES CAN TESTIFY ON STANDARD OF CARE FOR NURSES
Pensacola, Fla – The American Association of Nurse Attorneys (TAANA) recently announced that the Illinois Supreme Court responded positively to TAANA’s Amicus Brief submitted in the case of Sullivan v. Edward Hosp., No. 95409, 2004 WL 228956 (Ill. Feb. 5, 2004) when the court issued its decision on February 5, 2004. Citing extensively to the TAANA brief and also to the authorities cited by TAANA, the court ruled that only a nurse is qualified to offer opinion evidence as to the nursing standard of care.
The brief was drafted after almost two years of research by members of the TAANA Litigation Section and was written by Karen Butler, Chair of the Litigation Section. The Chicago Chapter of TAANA, particularly, Leatrice Schmidt, reviewed and submitted the brief. The issue, in brief, was whether a physician, who is not a nurse, should be permitted to offer expert opinion evidence, as to the standard of care for nurses. The TAANA position is that nurses and only nurses have the authority and responsibility to define the scope and practice of nursing. The Illinois Trial Lawyers also submitted an Amicus Brief arguing that physicians can do anything a nurse can do and, therefore, a physician can always testify as to the standard of care for nurses.
To contact Karen Butler, call Thuillez, Ford, Gold, Johnson & Butler at 518-455-9952 or email firstname.lastname@example.org. The American Association of Nurse Attorneys is a professional association that serves as a resource network for nurse attorneys and educates the public on matters of nursing, health care and the law.Amicus Brief Supporting a Nurse’s Non-Negotiable Duty to Ad ….pdfLast modified: 12 Dec 2018 14:12 | Robert Ranieri (Administrator)