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Professional Liability in Occupational Health Nursing.

Authors
Cushing-M
Source
NIOSH 1987 Jul:33-39
Link
NIOSHTIC No.
00173326
Abstract
Professional liability in occupational health nursing was discussed. The role of the Workers' Compensation Act in litigation arising from liability cases was summarized. The nature of professional negligence as it applies to malpractice cases was described. The significance of the agency relationship in occupational health nursing was considered. The relationship between a nurse working in an occupational setting to her employer is known as an agency relationship. Usually the employer is named as the defendant in a suit or hearing when the nurse has been accused of negligence. The potential for liability in occupational health nursing was discussed. Liability suits can arise from actions that occur during preemployment and periodic physical examinations, actions for fraud and deceit, negligent acts, and from failure to properly counsel patients. Examples of malpractice cases arising from errors in judgement were given. It is noted that nurses who practice in an occupational health care setting must adhere to the nursing case law because of the overlapping of functions. The caselaw concept is based on the belief that the patient should be protected and that the individual providing medical care is accountable even though he or she is not a physician.
Keywords
Occupational-health-nursing; Health-protection; Employee-health; Workplace-studies; Legislation; Medical-services; Health-care-personnel;
Publication Date
19870701
Document Type
Conference/Symposia Proceedings;
Editors
Horvitz-IA;
Fiscal Year
1987
NTIS Accession No.
NTIS Price
Source Name
Proceedings of the National Occupational Health Nursing Symposium: State of the Art and Directions for the Future, Cincinnati, Ohio, June 1-3, 1983
State
OH;
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