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A laparotomy sponge was left inside the patient.  The court faulted the periorperative nurses for their errors and omissions and the hospital's policies for sponge counts and the flow sheets that were in use.  The court also approved the patient's expert witness's suggestions for what should have been done differently at the hospital.


The patient had a fall in the nursing home after her stroke.  The stroke was not preventable, but the fall was preventable, if her care plan had been updated so that independent ambulation was ruled out.


Even though the shower in the hospital was not ADA compliant, a patient in a wheelchair had no right to sue the hospital for damages.  Lawsuits are limited to court injunctions with prospective effect on behalf of patients who have standing that qualifies them to sue.


A patient qualified for involuntary psychiatric commitment after he was found not guilty of assault charges on grounds of mental incompetence after he attacked his nurse.


A nursing student who was abruptly failed in a required clinical has the right to Due Process of Law to be heard and plead his case.


Supervisors who report a coworker's incompetence to management have legal immunity from a lawsuit, assuming they acted in good faith.


A nurse with issues on the job related to PTSD is a disabled person with the right to reasonable accommodation from her employer.


A nursing home resident with heavy doses of benzodiazepines and opioids may not have the mental capacity to sign a binding contract, like an arbitration agreement.


A group of blind patients have convinced a Federal magistrate they have the right to all their hospital paperwork in Braille.


No negligence was found by the providers whose obstetric patient left the hospital AMA shortly after giving birth.


Sexual assault of a patient is beyond the scope of a nurse's employment, but not the nurses negligence in failing to follow procedures for a female chaperone during a physical exam.


An obstetric nurse has the obligation to recognize and report to the physician signs of pulmonary embolism post partum.


Infection at a lap band port should alert a nurse practitioner as to infection of the lap band itself.  The nurse practitioner must advocate with the physician to replace the lap band, even though the nurse practitioner cannot do that herself.


Social Security regulations now recognize nurse practitioners' opinions on the same footing as physicians'.


CMS has updated its master list of durable medical equipment, orthotics, prosthetics and supplies that require prior approval for Medicare reimbursement.


The US Supreme Court has upheld CMS's COVID-19 vaccination requirement for healthcare employees. 


Legal Eagle Eye Newsletter for the Nursing Profession

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