The Legal World of Nursing

Whistleblowing or Just Complaining? Know the Difference An LPN in Michigan raised concerns about understaffing in her nursing home, which left her as the only nurse on duty while others were on break. She voiced her concerns to her charge nurse, who accused her of insubordination and suggested she leave. When she left, she was fired for patient abandonment. The nurse later sued, claiming whistleblower protection, but the court ruled against her. Michigan law requires whistleblowing to involve reporting illegal conduct to public authorities—not just internal complaints. What Constitutes Whistleblowing? This case raises an important question: What qualifies as whistleblowing, and what does not? Whistleblowing generally involves: • Reporting illegal or unethical practices to an external public authority or regulatory agency. • Acting in good faith to expose actions that endanger public safety, violate laws, or breach ethical standards. On the other hand, internal complaints or grievances—no matter how valid—often do not meet the legal definition of whistleblowing unless explicitly protected by state or federal laws. Rules of Whistleblowing: A Look Across States Whistleblower protections vary by state, but common elements include: • External Reporting Requirements: Michigan, like many states, requires healthcare employees to report to a public body for protection. Simply notifying a supervisor doesn’t count. • Good Faith Reporting: The employee must genuinely believe the conduct they report is illegal or dangerous. • Protection Against Retaliation: States like California and New York offer robust safeguards against employer retaliation, provided the whistleblower follows proper reporting procedures. The Fine Line Between Complaining and Whistleblowing This case highlights a critical truth: Not every valid workplace concern qualifies as whistleblowing. Complaints must follow specific reporting channels to trigger legal protections. Employers and employees alike should understand these distinctions to navigate workplace conflicts effectively. What Nurses Need to Know • Understand Reporting Channels: Whistleblower protections often require reporting issues to public authorities, not just supervisors. • Act in Good Faith: Ensure your concerns are legitimate and supported by evidence. • Know Your Rights: Familiarize yourself with state laws that protect whistleblowers from retaliation.

Screwed Up: The High Stakes of Surgical Errors A lawsuit was recently filed in South Carolina by the family of a patient who was left partially paralyzed after what they claim was the misplacement of screws during spinal surgery. At the core of this case is the allegation of medical malpractice, where the family claims that the surgeon deviated from the accepted standard of care during the procedure. For any healthcare professional this case brings to light two glaring legal issues regarding standard of care and informed consent. The concept of standard of care involves determining whether a healthcare provider met the level of care that a reasonably competent professional would have delivered under similar circumstances. If the surgeon’s actions are found to have fallen below this standard, it could be considered negligence. In addition, informed consent, refers to a legal doctrine requiring that patients be fully informed of the risks associated with a medical procedure before giving their consent. If the family can prove that the patient or her guardians were not adequately informed about the risks, including the possibility of screw misplacement, the surgeon could face serious legal consequences. The liability in this case may not only fall on the surgeon but also on the medical facility where the surgery took place. Healthcare providers and institutions are expected to take responsibility for their actions, and hospitals can be held vicariously liable if the surgeon’s error occurred within the scope of their employment. If the allegations are proven true, both the surgeon and the medical facility could face significant financial settlements, covering medical costs, rehabilitation, pain and suffering, and possibly even punitive damages if gross negligence is determined. To avoid similar liabilities, either as a solo healthcare professional or an institution it is highly essential to maintain strict adherence to the standard of care and informed consent protocols. Regular training, clear communication of risks, and rigorous surgical checklists can help reduce errors. Conducting audits to evaluate consent processes and encouraging a transparent, accountable culture further minimizes risk. By prioritizing patient safety through these practices, healthcare providers can protect both patients and themselves from legal repercussions.

Swipe to discover how to protect your practice from liability risks due to manufacturer mistakes! #healthcarelaw

Steroids Gone Wrong! Drugs and Quality Control In a certain Massachusetts a tragic case in Massachusetts, where a pharmacist faced involuntary manslaughter charges for the deaths of 11 people in Michigan. The pharmacist’s company prepared tainted steroids that caused a nationwide meningitis outbreak in 2012, leading to a 7 1/2-year prison sentence. This case underscores the critical legal and ethical duties of healthcare professionals, especially pharmacists, to protect patient safety. In the U.S., both federal and state laws regulate healthcare providers, with the FDA and state pharmacy boards setting standards. Here, a failure to follow sterile compounding rules breached the Federal Food, Drug, and Cosmetic Act, resulting in a severe public health crisis. When such breaches cause harm or death, healthcare professionals can face criminal charges, as well as civil suits for damages. Ethically, pharmacists are bound to ensure patient safety, as emphasized by the American Pharmacists Association. Violating this responsibility is a breach of trust and has far-reaching consequences, affecting patients, families, healthcare systems, and public confidence. To avoid similar tragedies, healthcare professionals must prioritize strict safety protocols, regular training, and accountability within teams.

Do You Trust the Current Medical Licensing System Doctors can practice in different states even after losing their license in one. Do you trust the current medical licensing system to keep patients safe?

Swipe to explore how regulations vary between nurses and doctors, from licensure requirements to scope of practice. Whether you're a healthcare pro or just curious, knowing the key distinctions keeps you informed on who does what in healthcare! ➡️ #TheLegalWorldOfHealthcare #NursingVsMedical #HealthcareLaw"

When Licenses are Revoked. Loopholes, Risks and Consequences. In 2021, Florida-based OB-GYN with a 33-year career, lost a malpractice suit after botching a basic circumcision for an infant boy. This occurred just 10 days after his medical license was revoked due to his involvement in the death of a surgical patient. Subsequent police investigations revealed that the OB-GYN had also been responsible for the deaths of six other patients and had caused several others injuries, some of which resulted in lawsuits. Although his license was revoked on February 5, 2021, the revocation was scheduled to take effect on February 22, 2021. Three major questions arise: First, what are the legal and ethical obligations owed by this physician in the intervening days between when the license was revoked and when the revocation took effect? Second, of what use is the medical board’s practice of revoking a license on one day and having it take effect several weeks later? Third, had he not botched this circumcision what would his license revocation have meant both for his practice and for patient safety? The time it takes for a license revocation to take effect can vary by state and the specific circumstances surrounding the revocation. In this particular case, this physician knew that his license had been revoked following a fatality, and that was not enough of a deterrent. A glaring issue is also that had he not botched the circumcision that led to this lawsuit, could this physician have simply moved on to another state? This highlights a significant issue in the regulatory landscape of the medical profession. The ability to offend and move on has been curtailed in other healthcare professions. For example, in the nursing profession, a large majority of the states have joined the Nurse Licensure Compact (NLC). The NLC allows for standardized regulations and mutual recognition and derecognition of licenses across participating states. The medical profession lacks a similar unified regulatory framework. Although, the medical profession has the Interstate Medical Licensure Compact (IMLC), its main focus is to expedite the pathway to licensure for qualified physicians who wish to practice in multiple states. Under the IMLC, a physician can hold several licenses, on the other hand, the NLC allows only one license which is subject to regulation by the other compact states. The lack of a comprehensive regulatory body that monitors physician licenses across state lines worsens these risks, making it imperative for states to consider more stringent oversight and collaborative regulatory practices. Laws such as the Federation of State Medical Boards (FSMB) guidelines advocate for better communication between state boards to ensure safety and accountability in healthcare delivery nationwide. Ultimately, the absence of uniform regulations can undermine public trust in the medical profession, emphasizing the need for reform to protect patient safety effectively. 

As healthcare professionals, helping and rescuing others often feels like second nature—just as it did for Miles Crawford our case study for week. We’re drawn to step in, especially in critical moments. However, knowing that initiating care might legally bind us to continue, would this awareness give you a reason to hesitate the next time someone calls out, ‘Is there a doctor on board?’ How might this responsibility impact your instinct to respond in unexpected situations? #healthcarelaw #healthcare

Stay informed about the five (5) key legal risks you need to consider before choosing to rescue as a healthcare professional. #healthcarelaw #healthcare

Is There a Doctor on Board? Off-Duty Rescue: What’s Required? During Hurricane Francine, off-duty ER nurse Miles Crawford became a hero by saving a man trapped in floodwaters. Armed with a hammer, Crawford broke a truck’s window to pull the man to safety, just minutes before the vehicle fully submerged. Although Crawford called his actions “second nature,” this raises a question: Are off-duty healthcare professionals required to rescue? Legal and Ethical Considerations Good Samaritan Laws: Many states protect those who offer emergency help, including healthcare professionals, from liability if they act in good faith. Louisiana, for instance, shields volunteers from civil liability unless they act with gross negligence. These laws, however, don’t require intervention. Duty to Act: Healthcare professionals are generally only required to help while on duty, with few exceptions like Vermont, where law mandates assistance in emergencies. Initiating Care: Starting care creates a legal duty to continue until a more qualified responder arrives. Beyond the Law The American Nurses Association (ANA) Code of Ethics encourages healthcare professionals to assist if it’s safe and effective, though this remains an ethical, not a legal, expectation.