In a medical malpractice case, it is important to remember that the burden of proving that the clinician breached the standard of care is on the plaintiff. When the clinician is an NP, the standard of care should be for NPs not physicians.
A recent decision by the North Carolina Supreme Court overturned a 90-year-old precedent protecting nurses from liability if they were following a doctor’s order. The case has caused great concern among the medical community and could potentially result in more lawsuits against nurses.
The court was asked to decide whether an NP was negligent for a patient developing stage 5 kidney disease because the NP failed to educate the patient that not taking his medication could lead to this complication.
The court was asked to decide whether individuals with an underlying condition that places them at an elevated risk of complications from exposure to COVID-19 are qualified as disabled under the Federal Americans with Disabilities Act (ADA).