[NPInfo] NP working as an RN - please look to your own State's law/jury instructions/etc. for the answer

[Carla Anderson]

Very well said Calif NP!  As you referred to in below excerpt:
   
   
  "A [insert type of nurse] is negligent if 
he/she
fails to exercise the level of skill, knowledge, and care in diagnosis 
and
treatment that other reasonably careful [insert type of nurse] would 
possess
and use in similar circumstances. When you are deciding whether [insert 
name
of defendant] was negligent, you must base your decision only on the
testimony of the expert witnesses [including [name of defendant] who 
have
testified in this case."
   
  This explains clearly that at least in California,  in the case of possible negligence,  it is not just the NP's (RN)  knowledge, skills and diagnosis alone that will be looked at, but her knowledge, skills and diagnosis will be looked at compared to that of "other" reasonably careful RN's (RN)(not NP) knowledge, skills and diagnosis for the similar job position or circumstance.  So therefore, at least by that standard, the NP legally is held to the highest standard for the RN job, which is at the RN level, but ethically may be held or hold herself/himself to the higher degree/certification.
   
  Thank you for explaining that so well for the example I was trying to give. It is important to look at the individual state laws/writings.  Carla/Portland, OR
  


Calif NP <np at c-zone.net> wrote:
  This recurring topic should be suggested to those guys on TV who do
"Myth Busters". The law in these regards will be largely similar, if not
virtually identical, but a bit different in the various states.
In California a "Nurse" (RN, RN-C, NP, CNS, etc.) is held to the
standard of care that is expected of a "Nurse" functioning/working in the
same clinical/specialty/practice area. In California a NP only acts as a NP
when practicing under written protocols. So, when a NP, who is in California
ALWAYS required to be a RN concurrently, is working in a Non-NP job, then
she is held to the standard of care of a Nurse in the job in which she/he
serves. The public's expectation (and the law) is served when a nurse
exercises "...the level of skill, knowledge, and care in diagnosis and
treatment that other reasonably careful [nurse(s)] would possess and use in
similar circumstances." Now isn't that interesting, the Courts acknowledge
that Nurses "Diagnose and treat" but the Board of Registered Nursing (those
BSN'ers again) still struggle with this concept! Hmmmm?!
See California Civil Jury Instructions- CACI 504. You can view these
civil jury instructions on the California Supreme Court website
http://www.courtinfo.ca.gov/reference/documents/civiljuryinst0605.pdf
You can also look at reported (published) cases from the various
California Courts of Appeal & the California Supreme Court (not like in NY
where the trial courts are called this) and read the nursing negligence
cases discussed by the courts. See www.findlaw.com among other sites. The CA
Supreme Court's case law site:
http://www.courtinfo.ca.gov/opinions/continue.htm
All of these well-intended remarks/guidance that a RN/NP who works as
'just' a RN is held to "NP Standards of Care" is just nonsense, is not the
law, and would not be given to a California Jury to decide a case claiming
damages due to Nursing negligence. So, run out there and suck up those
California RN wages with impunity!

----- Original Message ----- 
From: "David Mittman" 
To: "NPinfo" 
Sent: Tuesday, February 13, 2007 8:10 PM
Subject: Re: [NPInfo] NP working as an RN
> We did an article a few years ago with Clinician Reviews. If someone knows
> you are an NP even if you are working as an RN you are held to the level
of
> care an NP would deliver.
> Dave
> On 2/13/07 5:34 PM, "MSERN at aol.com" wrote:
>
> > I believe in Texas it is the License/Degree. This has the potential to
> > become sticky. With advanced assessment skills comes advanced response
to
> > what
> > the assessment finds. That can be more than the position allows.
> > Which level of accountablity are you held to? License/Degree or
position?
> > I thought it was license/degree but maybe I am wrong.
> > -----Original Message-----
> > From: Nosna at aol.com
> > To: npinfo at nurse.net
> > Sent: Tue, 13 Feb 2007 7:56 AM
> > Subject: Re: [NPInfo] NP salary vs RN
> > Working as an NP...and an RN can bring up a whole new discussion.
Check
> > into the legal issues of being an NP and working as an RN before you do
it.

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