Legal Eagle Eye Newsletter for the Nursing Profession (5)4 Apr 97

 

   Because the nurse was not being compensated for her on-call status, the hospital was not legally responsible for her negligence in a motor vehicle accident in which she was involved while reporting to work after being called in due to a high patient census in her unit.

   The New York Supreme Court, Appellate Division, however, ruled implicitly that a nurse receiving compensation for being on-call who is called in to work could be considered an employee going about the employer’s business while on the way to work, making the employer liable for the nurse’s negligent acts. Shumway vs. Geneva General Hospital, 649 N.Y.S. 2d 288 (N.Y. App., 1996).