Nursing Standards of Care - State
Court Cases
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cases.
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Court Cases involving Nursing Standards of Care.
Arkansas
Nelson v. Stubblefield
Ark: Supreme Court, 2009
... At trial, Nelson introduced testimony from two expert witnesses, Dr.
Schrader, a family medical
specialist, and Thurstle Mullen, a registered nurse. Nelson also introduced
various nursing
protocols and procedures from St. Bernards concerning proper nursing
standards. ...
Goff v. Doctors General Hospital of San Jose
333 P. 2d 29, 166 Cal. App. 2d 314, 166 … Cal: Court of Appeals, …, 1958
166 Cal.App.2d 314 (1958). 333 P.2d 29. KATHLEEN ANN GOFF, a Minor, etc., et
al.,
Respondents, v. DOCTORS GENERAL HOSPITAL OF SAN JOSE (a Corporation) et al.,
Appellants.
Docket No. 9408. Court of Appeals of California, Third District. December
17, 1958. ...
Sanchez v. Bay General Hospital
116 Cal. App. 3d 776, 172 Cal. Rptr. … … of Appeals, 4th Dist., Div. 1, 1981
... During trial and in face of this testimony, Dr. Ochs stated he could not
give an opinion
on the conduct 794 of the nurse's aide and stated he was not an expert on
postoperative
nursing standards, the nursing standards in issue in this case. ...
SIERRA VISTA REGIONAL MED. CENTER v. Bonta
132 Cal. Rptr. 2d 9, 107 Cal. App. 4th … Cal: Court of Appeal, 3rd …, 2003
... and because the contract requires us to interpret its terms according to
those meanings, we must
reject Sierra Vista's assertion it was authorized to be reimbursed for any
service it provided in
its NICU, regardless of its failure to satisfy the nursing standards required
for intensive ...
McDonald v. Foster Memorial Hospital
338 P. 2d 607, 170 Cal. App. 2d 85, 170 … Cal: Court of Appeals, …, 1959
170 Cal.App.2d 85 (1959). 338 P.2d 607. CHAROLETTE McDONALD, a Minor, etc.,
Appellant, v. FOSTER MEMORIAL HOSPITAL, Respondent. Docket No. 23275. Court
of Appeals of California, Second District, Division One. May 1, 1959. ...
Colorado
Lampe v. Presbyterian Med. Center
590 P. 2d 513, 41 Colo. App. 465 Colo: Court of Appeals, Div. 2, 1978
590 P.2d 513 (1978). Patricia LAMPE, PlaintiffAppellant, v. PRESBYTERIAN MEDICAL
CENTER,
a Nonprofit Colorado Corporation, James H. Henderson, Joyce Warren and Beverly
Walsh,
DefendantsAppellees. No. 77780. Colorado Court of Appeals, Div. 2. ...
Wood v. Rowland
592 P. 2d 1332, 41 Colo. App. 498 Colo: Court of Appeals, Div. I, 1978
... While such a rule may be correct as to administrative standards or
procedures employed
by hospitals, the offer of proof shows that Mrs. Miller's testimony concerned
professional
nursing standards rather than administrative standards or procedures. ...
District of Columbia
Arthur v. DC NURSES'EXAMINING BD.
459 A. 2d 141 DC: Court of Appeals, 1983
... Petitioner was on probation from an earlier drug related offense. See supra
note 2. The
Board's findings indicate that she again improperly obtained and otherwise
misused
a narcotic in contravention of professional nursing standards. ...
Florida
N. WEST FLA. HOME HLT. AG. v. Merrill
469 So. 2d 893 Fla: Dist. Court of Appeal, 1st Dist., 1985
... City of Pensacola v. Owens, 369 So.2d 328 (Fla. 1979). The record before us
contains no evidence
contradicting Ms. Cope's obligation as a registered nurse to report possible
violations of
professional nursing standards upon terminating a nurse under her supervision.
...
Jordan v. DEPT. OF PRO. REGULATION
522 So. 2d 450 Fla: Dist. Court of Appeal, 1st Dist., 1988
... The Department of Professional Regulation presented expert testimony that
appellant's
actions represented a failure to conform to acceptable and prevailing nursing
standards.
We therefore affirm the guilt phase of appellant's case. ...
Redfern v. DEPT. OF PROFESSIONAL REG.
498 So. 2d 1313 Fla: Dist. Court of Appeal, 1st Dist., 1986
... Redfern requested and received a formal hearing on the charges, at which the
Department
presented expert testimony that Redfern's actions in these cases represented a
failure
to conform to acceptable and prevailing nursing standards. ...
Georgia
Renz v. Northside Hosp., Inc.
648 SE 2d 186, 285 Ga. App. 882 Ga: Court of Appeals, 2007
... We specifically note that we are not addressing the question of whether this
doctor is indeed
a qualified expert to opine on nursing standards of care, an issue that was
raised below by
Northside in a motion to dismiss, but which the trial court did not rule on and
is thus still ...
Illinois
Dolan v. Galluzzo
396 NE 2d 13, 77 Ill. 2d 279, 32 Ill. Dec. 900 Ill: Supreme Court, 1979
... Under the holding a physician would be unable to testify to nursing
standards of care even
though nurses operated under his supervision or to testify to standards for
midwives, and
this because the physician was not licensed as a nurse or a midwife. ...
Sullivan v. Edward Hosp.
806 NE 2d 645, 209 Ill. 2d 100, 282 Ill. Dec. … Ill: Supreme Court, 2004
... The dissent stated: "Under [this] holding a physician would be unable to
testify to nursing standards
of care even though nurses operated under [the physician's] supervision or to
testify to standards
for midwives, and this because the physician was not licensed as a nurse or a
...
Gasbarra v. St. James Hospital
406 NE 2d 544, 85 Ill. App. 3d 32, 40 Ill. … Ill: Appellate Court, 1st …, 1979
... In addition, he said that the performance of the hospital nursing personnel
was in
violation of acceptable nursing standards — particularly in the alleged delay in
administering the medicine ordered by Dr. Braun in the hospital. ...
Seef v. Ingalls Memorial Hosp.
724 NE 2d 115, 311 Ill. App. 3d 7, 243 Ill. … Ill: Appellate Court, 1st …, 1999
... Nurse Hall testified that, as a result of the nurses' failure to set the
monitor strip at the correct
speed and their failure to properly monitor Mrs. Seef, changes on the strip were
not identified
and acted upon in the manner required by the nursing standards of care. ...
MOON LAKE CONV. CENTER v. Margolis
535 NE 2d 956, 180 Ill. App. 3d 245, 129 … Ill: Appellate Court, 1st …, 1989
... 1) an act of neglect, a type "A" violation of Rule 16.04.01.00 for fine of
$1,000; (2) failing to follow
its own resident care policies, two type "B" violations of Rule 03.01.01.00 for
fines of $2,492.60
and $618; (3) the director of nurses failed to maintain the nursing standards of
the ...
Garley v. Columbia LaGrange Memorial Hosp.
813 NE 2d 1030, 351 Ill. App. 3d 398, 286 … Ill: Appellate Court, …, 2004
... Doctors who teach or train nurses at nursing schools have been recognized in
other jurisdictions
as experts with respect to nursing standards of care violations. Nold v. Binyon,
272 Kan. 87, 31
P.3d 274 (2001); Hall v. Sacred Heart Medical Center, 100 Wash.App. ...
Sullivan v. Edward Hosp.
781 NE 2d 649, 335 Ill. App. 3d 265, 269 … Ill: Appellate Court, …, 2002
... As Justice Ward stated in his Dolan dissent, "[u]nder [this] holding a
physician would be unable
to testify to nursing standards even though nurses operated under his
supervision or to testify
to standards for midwives, and this because the physician was not licensed as a
nurse ...
Petryshyn v. Slotky
902 NE 2d 709, 387 Ill. App. 3d 1112, 327 … Ill: Appellate Court, …, 2008
... This is plaintiff's expert." Dr. Priver's testimony on nursing standards of
care was elicited when
the nurses were part of the lawsuit and was not part of plaintiff's testimony
against Dr. Slotky. ... A
physician who is not a licensed nurse cannot testify as to nursing standards of
care. ...
Janes v. Albergo
626 NE 2d 1127, 254 Ill. App. 3d 951, 193 … Ill: Appellate Court, …, 1993
... employed by a governmental entity. The duties of the four defendant nurses
likewise
derive from their relationships with their patients and are defined by
professional
nursing standards. Accordingly, under this rationale, their ...
Hardy v. Cordero
Ill: Appellate Court, 3rd Dist., 2010
... Plaintiff argued the evidence unequivocally proved that nurse Cordero failed
to follow Medical
Arts Associates' policies and wellestablished nursing standards and, therefore,
it was
uncontroverted that defendants breached the applicable standard of care. ...
ILL. NURSES ASSOC. v. BD. OF TRUSTEES OF UNIV.
741 NE 2d 1014, 318 Ill. App. 3d 519, 251 … Ill: Appellate Court, …, 2000
... 802, 576 NE2d 471 (1991)), the arbitrator determined that Tomanek had
violated the University's
nursing standards by: (1) endangering the lives of patients HS and JL; (2)
failing to order
medication on a timely basis; (3) failing to give ordered medication; (4)
failing to follow ...
Indiana
Justice v. Clark Memorial Hosp.
718 NE 2d 1217 Ind: Court of Appeals, 1999
... A. [Yes]. Q. A nursing standard of care issue? A. [Yes]. Q. And were you
aware of how the nurses
were dispensing IM injections in 1993 at Clark Memorial Hospital, what the
protocols were? A.
No, I don't. Q. Have you ever testified about nursing standards of care before?
A. No. ...
Breese v. State
449 NE 2d 1098 Ind: Court of Appeals, 2nd Dist., 1983
... A. The guidelines indicate that they are. * * * *. A. The guidelines for
Nursing Standards in
the Joint Commission Standards for Accreditation require that the nursing
service promulgate
written standards for the protection of all patients." Record at 9596. ...
Yang v. Stafford
515 NE 2d 1157 Ind: Court of Appeals, 4th Dist., 1987
... Work's competence to testify by affidavit. In addition, Lutheran contends
that Dr.
Work's failure to specify a familiarity with nursing standards renders him
incompetent
to testify. We disagree. Work's statement that he is familiar ...
Iowa
State v. Morrison
323 NW 2d 254 Iowa: Supreme Court, 1982
323 NW2d 254 (1982). STATE of Iowa, Appellee, v. Ira MORRISON, Appellant. No.
67689. Supreme Court of Iowa. August 25, 1982. 255 Lawrence Scalise and Ann
Fitzgibbons of Scalise, Scism, Gentry, Brick & Brick, Des Moines ...
Miller v. Bonar
337 NW 2d 523 Iowa: Supreme Court, 1983
337 NW2d 523 (1983). Keith V. MILLER, Appellee, v. David Arnold BONAR and Dilts
Trucking,
Incorporated, et al., Appellants. No. 69342. Supreme Court of Iowa. August 17,
1983. 525 Philip
Willson of Smith, Peterson, Beckman & Willson, Council Bluffs, for appellants.
...
Hansen v. Central Iowa Hosp. Corp.
686 NW 2d 476 Iowa: Supreme Court, 2004
... Sandra WillemsStewart, RN, the Hansens' expert, testified that IMMC breached
nursing standards
of care. She testified that "[m]aking sure that the wheels on a bed are in the
locked position would
be one of an expected standard of care for a patient who is at risk for falls.".
...
ESTATE OF LLEWELLYN v. GENESIS MEDICAL CENTER
Iowa: Court of Appeals, 2004
... Moreover, Dr. McDonough testified that while he had certain expectations
regarding what
information need be provided to him as a physician to enable him to adequately
treat a
postangioplasty patient, he had no direct knowledge as to any specific nursing
standards: "I ...
Hansen v. CENTRAL IOWA HOSPITAL CORPORATION
Iowa: Supreme Court, 2004
... Sandra WillemsStewart, RN, the Hansens' expert, testified that IMMC breached
nursing standards
of care. She testified that "[m]aking sure that the wheels on a bed are in the
locked position would
be one of an expected standard of care for a patient who is at risk for falls.".
...
Kansas
Chandler v. Neosho Memorial Hospital
574 P. 2d 136, 223 Kan. 1 Kan: Supreme Court, 1977
223 Kan. 1 (1977). 574 P.2d 136. ANGELA DAWN CHANDLER, a minor, by KAREN G.
CHANDLER, her mother and next friend, and KAREN G. CHANDLER, individually,
Appellants,
v. NEOSHO MEMORIAL HOSPITAL and ALEXANDER MIH, Appellees. No. 48,500. ...
Nold v. Binyon
31 P. 3d 274, 272 Kan. 87 Kan: Supreme Court, 2001
... discretion. Olathe Mfg., Inc. v. Browning Mfg., 259 Kan. 735, 762, 915 P.2d
86 (1996).
Wesley filed a motion in limine, requesting that the district court exclude the
testimony
of Dr. Bundren concerning nursing standards. Wesley ...
Moore v. Francisco
583 P. 2d 391, 2 Kan. App. 2d 526 Kan: Court of Appeals, 1978
2 Kan. App. 2d 526 (1978). 583 P.2d 391. JOYCE A. MOORE, deceased, by and
through WAYNE MOORE, Administrator of the Estate of Joyce A. MOORE; and WAYNE
MOORE and ANNA F. MOORE, heirsatlaw of the deceased ...
Kentucky
Massey v. Heine
497 SW 2d 564 Ky: Court of Appeals, 1973
... the hospital's nursing personnel are trained in the proper method of giving
injections, are checked
by their hospital employer to make sure they are competent at the time of their
employment, and
are periodically reviewed to make sure that they observe proper nursing
standards ...
Louisiana
King v. STATE EX REL. DEPT. OF HEALTH
728 So. 2d 1027 La: Court of Appeal, 2nd Circuit, 1999
... La. RS 40:1299.39.1(H); Derouen v. Kolb, 397 So.2d 791 (La.1981). Physicians
frequently
testify about nursing standards because nurses who perform medical services are
subject
to the same standards of care and liability as are physicians. ...
Hinson v. The Glen Oak Retirement System
853 So. 2d 726 La: Court of Appeal, 2nd Circuit, 2003
... in nursing homes. Ms. Hebert testified that nursing standards apply to all
nurses,
including those 732 who work in nursing homes. A nursing care plan is the method
by which an RN directs a particular patient's care. The RN ...
Cook v. JEFFERSON PARISH HOS. SERVICE DIST.
876 So. 2d 173 La: Court of Appeal, 5th Circuit, 2004
... Thus, East Jefferson urged, Ms. Keller could not testify as to the
applicable nursing standards
of care at East Jefferson in September 1999. The trial court allowed the
testimony, noting
that it would give the testimony due weight and consideration. ...
Burnett v. Department of Health & Human Resources
425 So. 2d 245 La: Court of Appeal, 1st Circuit, 1982
... The investigation conducted by the Director of Nurses which included a
personal interview with
you has revealed unacceptable departures from nursing standards relating to the
preparation
and administration of a tube feeding given to this patient on August 27, 1980.
...
Newsom v. LAKE CHARLES MEMORIAL HOSP.
954 So. 2d 380 La: Court of Appeal, 3rd Circuit, 2007
... the pump was removed. Launius also testified that nursing standards require
that
the nurse chart the nature and time that pressure is applied to the patient's
femoral
artery after the pump is removed. Another standard set forth ...
Godeaux v. Rayne Branch Hosp.
606 So. 2d 948 La: Court of Appeal, 3rd Circuit, 1992
... He further testified that Mrs. Godeaux was given appropriate treatment in
the
Emergency Room. Dr. Carl T. Curtis testified as an expert in the field of family
practice
and nursing standards. Further, he had treated Mrs. Godeaux. ...
Guardia v. LAKEVIEW REGIONAL MEDICAL CENTER
13 So. 3d 625 La: Court of Appeal, 1st Circuit, 2009
... It is still my opinion that the nursing staff of Lakeview Regional Medical
Center did deviate from
the nursing standards of care by NOT assessing or maintaining skin integrity in
a postoperative,
bed bound patient who became at higher risk for developing decubitus ulcers
after ...
Hernandez v. Chalmette Medical Center
869 So. 2d 141 La: Court of Appeal, 4th Circuit, 2004
... at the trial of the exception—Nurse Anne Scardino, the CMC employee who
assisted Dr.
Friedrichsen in the reduction of Chris Hernandez's dislocated hip, and Dr. Paul
Blaylock, who
was qualified as an expert in the fields of emergency medicine and nursing
standards in the ...
Maryland
Suburban Hospital, Inc. v. Kirson
739 A. 2d 875, 128 Md. App. 533 Md: Court of Special Appeals, 1999
... At trial, Kirson attempted to establish Smith's liability on a theory of
negligent supervision. Nancy
Lenaghan, Kirson's expert in the area of nursing standards of care, testified:
Ms. Smith had an
obligation to ensure that the transfer [of Kirson] was carried out safely. ...
Massachusetts
Gugino v. Harvard Community Health Plan
403 NE 2d 1166, 380 Mass. 464 Mass: Supreme Judicial Court, …, 1980
380 Mass. 464 (1980). 403 NE2d 1166. JEANNE E. GUGINO vs. HARVARD COMMUNITY
HEALTH PLAN & others. Supreme Judicial Court of Massachusetts, Suffolk. February
5, 1980.
April 23, 1980. Present: HENNESSEY, CJ, QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.
...
Keene v. BRIGHAM AND WOMEN'S HOSPITAL, INC
439 Mass. 223, 786 NE 2d 824 Mass: Supreme Judicial Court, …, 2003
... the failure of nurses responsible for the plaintiff's care, both in the
regular care nursery and in
the NICU, to call the plaintiff's condition to the attention of a responsible
physician or physicians
in a timely manner, constituted departures from the applicable nursing standards
of care ...
Michigan
Wiley v. Henry Ford Cottage Hosp.
668 NW 2d 402, 257 Mich. App. 488, 257 … Mich: Court of …, 2003
... In closing argument, plaintiff's counsel argued: "The defendants in this
case were
professionally negligent in their care of Ms. Wiley in their hospital. They
violated nursing
standards. They didn't prevent risk of injury to Mrs. Wiley's remaining
extremity. ...
Bahr v. HarperGrace Hospitals
528 NW 2d 170, 448 Mich. 135 Mich: Supreme Court, 1995
448 Mich. 135 (1995). 528 NW2d 170. BAHR v. HARPERGRACE HOSPITALS. Docket Nos.
96660, 96661, (Calendar No. 3). Supreme Court of Michigan. Argued October 4,
1994. Decided
March 7, 1995. Mark Granzotto and Arnold M. Podolsky for the plaintiff. ...
Minnesota
Haag v. FAIRVIEW HEALTH SERVICES
Minn: Court of Appeals, 2009
... The interrogatory answers claim that Dr. Borer and the nursing staff were
negligent in "the failure
to intubate upon admission to ER and the failure to meet accepted nursing
standards regarding
documentation of care." More particularly, the interrogatory answers explain
that Dr ...
Mississippi
Richardson v. Methodist Hosp. of Hattiesburg, Inc.
807 So. 2d 1244 Miss: Supreme Court, 2002
... Richardson's expert was Crystal D. Keller, a Registered Nurse and Certified
Legal Nurse
Consultant, who was designated to testify to the appropriate nursing standards
of care
and deviations therefrom committed by the hospital staff. ...
River Region Medical Corp. v. Patterson
975 So. 2d 205 Miss: Supreme Court, 2007
... I. Whether the Trial Court Committed Reversible Error by Allowing Eugene
Michael Finan,
MD, to Express Opinions at Trial That Were Not Previously Disclosed. II. Whether
Terry
Siverly Was Qualified to Testify as to Nursing Standards of Care. III. ...
Partin v. North Mississippi Medical Center
929 So. 2d 924 Miss: Court of Appeals, 2005
929 So.2d 924 (2005). James W. PARTIN, Executor of the Estate of Shirley Howard
Partin,
Deceased, Appellant v. NORTH MISSISSIPPI MEDICAL CENTER, INC.; W. Thomas Oakes,
MD;
Richard Sharp, MD; and Laura Gray, MD, Appellees. No. 2003CA02206COA. ...
Smith v. GILMORE MEMORIAL HOSP.
952 So. 2d 245 Miss: Court of Appeals, 2006
... WHETHER OR NOT IT IS A DEVIATION FROM NURSING STANDARDS OF CARE TO LIE TO
A MINOR CHILD'S MOTHER, AFTER INQUIRY BY THE MOTHER IF EVERYTHING IS OKAY,
BY TELLING THE MOTHER EVERYTHING IS FINE AFTER HAVING JUST WITNESSED ...
RIVER REGION MEDICAL CORPORATION v. Patterson
Miss: Supreme Court, 2007
... I. Whether the Trial Court Committed Reversible Error by Allowing Eugene
Michael Finan,
MD, to Express Opinions at Trial That Were Not Previously Disclosed. II. Whether
Terry
Siverly Was Qualified to Testify as to Nursing Standards of Care. III. ...
Griffin v. Pinson
952 So. 2d 963 Miss: Court of Appeals, 2006
... [1] Griffin also identified Ann Limbach and James Henley as expert
witnesses. Limbach, a
registered nurse, was expected to testify that the nurses employed by North
Mississippi Medical
Center failed to comply with nursing standards in the care of Stephens. ...
McDonald v. Memorial Hosp. at Gulfport
8 So. 3d 175 Miss: Supreme Court, 2009
... As addressed by the trial court, Nurse Judith Kidd testified via deposition
to alleged
breaches of nursing standards of care and their application to Mr. McDonald's
treatment
while a patient at MHG, but she failed to address causation. ...
McDonald v. MEMORIAL HOSPITAL AT GULFPORT
Miss: Supreme Court, 2009
... As addressed by the trial court, Nurse Judith Kidd testified via deposition
to alleged
breaches of nursing standards of care and their application to Mr. McDonald's
treatment
while a patient at MHG, but she failed to address causation. ...
Missouri
Dishman v. Joseph
14 SW 3d 709 Mo: Court of Appeals, Western Dist., 2000
... 5) No attempts to use other interventions to enable the client to move to a
less restrictive level
of care were noted or documented. This is inconsistent with the nursing
standards for nursing
care practice and management of a client with aggressive behavior. ...
Nebraska
Critchfield v. McNamara
532 NW 2d 287, 248 Neb. 39 Neb: Supreme Court, 1995
... Dr. Barbara LatinisBridges, professor of nursing at the University of
Kansas, testified that the
nursing care provided to Jeffrey during the first 24 hours of his life departed
from applicable
nursing standards in that Jeffrey needed positive pressure ventilation upon
arriving at the ...
New Jersey
Ahn v. Kim
678 A. 2d 1073, 145 NJ 423 NJ: Supreme Court, 1996
... It found further, however, that Manuell had been "negligent in that she
deviated from accepted
nursing standards in connection with Dr. Ho Ahn." Additionally, the jury found
Carrier Clinic
negligent "in that other members of its nursing staff deviated from accepted
nursing ...
Velazquez v. Portadin
751 A. 2d 102, 163 NJ 677 NJ: Supreme Court, 2000
... nursing are not exact sciences. Therefore, the law recognizes that the
practice of
medicine or nursing according to accepted medical or nursing standards will not
always prevent a poor or [un]anticipated result. If the physician or ...
Estate of Chin v. St. Barnabas Medical Center
734 A. 2d 778, 160 NJ 454 NJ: Supreme Court, 1999
... No expert testimony on the appropriate nursing standards of care was
presented at trial. ...
The basis for that ruling and objection, however, was that the expert, a medical
doctor,
was not qualified to testify on professional nursing standards. ...
Ahn v. Kim
658 A. 2d 1286, 281 NJ Super. 511 NJ: Superior Court, Appellate …, 1995
... 2. Was the defendant, nurse Manuella, negligent in that she deviated from
accepted nursing
standards in connection with Dr. Ho Ahn? ... 3. Was the defendant, nurse Schilp,
negligent in that
she deviated from accepted nursing standards in connection with Dr. Ho Ahn? ...
Velazquez ex rel. Velazquez v. Portadin
729 A. 2d 1041, 321 NJ Super. 558 NJ: Superior Court, Appellate …, 1999
... So you, as jurors, are not to speculate or guess about the standards by
which the defendants
should have conducted themselves in the diagnosis and treatment of Diana, rather
you must
determine the applicable medical and nursing standards from the testimony of the
expert. ...
BOWMAN, ET AL. v. Hackensack Hospital Assoc.
282 A. 2d 48, 116 NJ Super. 260 NJ: Superior Court, Chancery …, 1971
... v. Milk Drivers, etc., Local No. 680, 23 NJ 85 (1956). The primary purposes
of NJSNA are (1)
to help nurses maintain high nursing standards, (2) to insure the passage of
"good health and
welfare laws" and (3) to promote the 267 economic and general welfare of nurses.
...
New York
Hoffson v. Orentreich
168 AD 2d 243, 562 NYS 2d 479 NY: Supreme Court, Appellate …, 1990
... We further note that it was not error for the trial court to have charged
the jury with respect to
sections 6521 and 6902 of the Education Law thereby permitting the jury to
decide whether Burke
acted in accordance with proper nursing standards or engaged in the practice of
...
Brown v. SOLDIERS & SAILORS MEM'L HOSP.
193 AD 2d 1077, 598 NYS 2d 626 NY: Supreme Court, Appellate …, 1993
... had received stitches for an arm laceration. It submitted an affidavit of a
nurse who
concluded that the treatment rendered by the nurses was consistent with medical
and nursing standards. A physician at the hospital, however ...
Hering v. McShane
145 AD 2d 683, 535 NYS 2d 227 NY: Supreme Court, Appellate …, 1988
... In support of her appeal, plaintiff relies upon an affidavit of Dr. JNP
Davies containing his opinion
that such deviation and departure from accepted nursing standards by the nurse
in question in
failing to follow the physician's orders would constitute negligence and/or
medical ...
Hood v. SOUTHSIDE HOSPITAL
2008 NY Slip Op 30063 NY: Supreme Court, Suffolk, 2008
... Defendant asserts there were no departures from the appropriate
medical/nursing standards
of care causing the decubiti formation and in treating them once they occurred,
and further asserts
that after plaintiff was admitted to Southside Hospital and was seen on
neurological ...
Adames v. Velasquez
2008 NY Slip Op 28117 NY: Supreme Court, Queens, 2008
... The Appellate Division held that the trial court did not commit error when
it charged the jury,
concerning sections of the Education Law, that it had to decide whether the
nurse "acted in
accordance with proper nursing standards or engaged in the practice of medicine
without a ...
North Carolina
Haney v. Alexander
323 SE 2d 430, 71 NC App. 731 NC: Court of Appeals, 1984
... nurses. Clearly, defendant's suggestion that only nurses can qualify as
experts to testify
as to nursing standards of care is, in our opinion, not contemplated by GS
9021.12.
Defendant's crossassignments of error are without merit. ...
Paris v. MICHAEL KREITZ JR., PA
331 SE 2d 234, 75 NC App. 365 NC: Court of Appeals, 1985
... of their testimony was that it would not have been in conformity with
standards of nursing practice
for a nurse to disobey a physician's treatment instructions and that the
treatment afforded Mr.
Paris in the emergency room was in conformity with professional nursing
standards. ...
Vassey v. Burch
262 SE 2d 865, 45 NC App. 222 NC: Court of Appeals, 1980
262 SE2d 865 (1980). Benny G. VASSEY v. William H. BURCH, MD, Roy L. Morgan, MD,
and
St. Luke's Hospital, Inc. No. 7929SC543. Court of Appeals of North Carolina.
February 19, 1980.
866 Hamrick & Hamrick by J. Nat Hamrick, Rutherfordton, for plaintiff. ...
North Dakota
Kraft v. State Bd. of Nursing
631 NW 2d 572, 2001 ND 131 ND: Supreme Court, 2001
... or incompetent to practice nursing by reason of negligence, patterns of
behavior, or other causes
established by the Board; and (3) Kraft practiced nursing without sufficient
knowledge, skills,
or nursing judgment and in a manner inconsistent with acceptable nursing
standards. ...
Singha v. State Bd. of Medical Examiners
613 NW 2d 34, 2000 ND 134 ND: Supreme Court, 2000
613 NW2d 34 (2000). 2000 ND 134. Ebenezer M. SINGHA, Plaintiff, Appellant and
CrossAppellee, v. NORTH DAKOTA STATE BOARD OF MEDICAL EXAMINERS, and
Rolf Sletten, Executive Secretary and Treasurer of the North ...
Ohio
Allore v. Flower Hosp.
121 Ohio App. 3d 229, 699 NE 2d … Ohio: Court of Appeals, 6th …, 1997
... affidavit, Dr. Ali stated that, from his review of the hospital records, "it
appears Nurse K. Perry
went behind my back to obtain an order for intubation and mechanical
ventilation." The doctor
concluded that this act was a departure from accepted medical/nursing standards
and the ...
Becker v. Lake Cty. Mem. Hosp. West
53 Ohio St. 3d 202 Ohio: Supreme Court, 1990
... On crossexamination, Paley admitted he was not an expert in nursing
standards
or procedures. In reversing the judgment of the trial court, the court of
appeals held
the trial court erred in failing to grant the hospital's motion ...
Childers v. Whirlpool Corp.
106 Ohio App. 3d 52, 665 NE 2d 256 Ohio: Court of Appeals, 3rd …, 1995
... Hill's affidavit attested to her qualifications, stated that the treatment
and advice given to the
decedent was in accordance with all accepted medical or 55 nursing standards,
stated that at
no time did her conduct deviate from accepted medical or nursing standards, and
further ...
Pleasant v. EMSA CORRECTIONAL CARE, INC.
2004 Ohio 4554 Ohio: Court of Appeals, 10th Dist., Franklin, 2004
... 3. The trial court erred by submitting a jury interrogatory directing the
jury to return a
defense verdict regardless of whether defendant violated nursing standards, in
general,
rather than, "correctional facility" nursing standards, in particular. ...
Adkins v. DEPT. OF REHAB. & CORR.
2005 Ohio 1810 Ohio: Court of Claims, 2005
... {¶ 9} Plaintiff's expert, Robert Newcomb, OD, testified that he had been a
professor of clinical
optometry at The Ohio State University since 1997; that he treated patients in
the clinic one to
two days per week; and that he had general knowledge of nursing standards of
conduct. ...
Berdyck v. Shinde
128 Ohio App. 3d 68, 713 NE 2d … Ohio: Court of Appeals, 6th …, 1998
... of responsibility. Even when the hospital's attorney valued this case at
between $1.5
million and $2 million and admitted that he could not find an expert to testify
that
nursing standards were met in the care of Berdyck, St. Paul ...
McLeod v. Mt. Sinai Med. Ctr.
166 Ohio App. 3d 647, 2006 Ohio 2206, … Ohio: Court of …, 2006
... For example, a maternalfetal medicine expert was permitted to testify about
the standard of
care for nurses, even though she admitted on crossexamination that she usually
encourages
attorneys to retain a nursing expert to testify on the nursing standards. ...
Brokamp v. Mercy Hosp. Anderson
132 Ohio App. 3d 850, 726 NE 2d … Ohio: Court of Appeals, 1st …, 1999
... [7]. 862 The questions asked by the court here were not partial to either
side. Specifically,
the court inquired about who established the nursing standards and whether Mercy
Hospital
had a written policy about where to give an intramuscular injection. ...
McLeod v. Mt. Sinai Med. Ctr.
2006 Ohio 2206 Ohio: Court of Appeals, 8th Dist., Cuyahoga, 2006
... For example, a maternalfetal medicine expert was permitted to testify about
the standard of
care for nurses, even though she admitted on crossexamination that she usually
encourages
attorneys to retain a nursing expert to testify on the nursing standards. ...
Oklahoma
Gaines v. COMANCHE COUNTY MEDICAL HOSPITAL & NURSEFINDERS, INC.
2006 OK 39, 143 P. 3d 203 Okla: Supreme Court, 2006
... its causation. [2]. B. Nursing Standards of Care Are Private Standards That
Encapsulate Medical Etiology. ¶4 The ... its causation. [2]. B. Nursing
Standards of Care
Are Private Standards That. Encapsulate Medical Etiology. ¶4 The ...
Rowe v. HCA HEALTH SERVICES OF OKLAHOMA
130 P. 3d 761, 2006 OK CIV APP 17 … of Civil Appeals, Div. No. 4, 2005
... Nurse Hudson, as a registered nurse, is qualified to testify regarding
adequate nursing procedure.
Her affidavit contains statements assessing Hospital's nursing procedure.
Patient's theory of
recovery alleges violation of nursing standards and nursing duty of care. ...
Rowe v. HCA HEALTH SERVICES OF OKLAHOMA, INC.
2006 OK CIV APP 17 Okla: Court of Civil Appeals, Div. 4, 2006
... Nurse Hudson, as a registered nurse, is qualified to testify regarding
adequate nursing procedure.
Her affidavit contains statements assessing Hospital's nursing procedure.
Patient's theory of
recovery alleges violation of nursing standards and nursing duty of care. ...
Pennsylvania
COM. STATE BD. OF NURSE EXAM. v. Rafferty
499 A. 2d 289, 508 Pa. 566 Pa: Supreme Court, 1985
... She stated, however, that the Appellee's actions in taking a patient in a
comatose
condition off the respirator was not one of those limited instances and was a
deviation
from acceptable nursing standards. [R. 155a161a; 321a]. ...
TAYLOR et vir, v. SPENCER HOSPITAL
222 Pa. Super. 17 Pa: Superior Court, 1972
... served on the medical staff of hospitals in the past, was presently a staff
`consultant' at a hospital,
did not give him the knowledge, understanding, training or judgment to opine
that the hospital
and nursing staff deviated from acceptable hospital and nursing standards in
their ...
Freed v. Geisinger Medical Center
2006 PA Super 274 Pa: Superior Court, 2006
... At trial, Nurse Pershall was proffered by Appellant and accepted by defense
counsel
specifically as an expert in "nursing standards of care for longterm care
facilities, adult
hospital care and adult wound care." (NT, 9/23/03, at 45). ...
Rhose Island
Donegan v. Jackson
RI: Superior Court, Newport, 2005
... Counsel shall prepare an appropriate order for entry. [1] Numbers 1 to 4
requested copies of
the index and table of contents of the "Nursing Standards of Care Manual" and
the "Nursing
Practice Manual" as these documents, used by Women and Infants, existed at the
time of the ...
South Carolina
McMillian v. Durant
439 SE 2d 829, 312 SC 200 SC: Supreme Court, 1993
439 SE2d 829 (1993). John McMILLIAN and Charlene McMillan, as Guardians ad
Litem for Joseph Shea McMillan, a minor, Respondents, v. James DURANT, MD,
William F. Young, MD, Sumter Pediatrics, PA, and The Tuomey ...
South Dakota
Schrader v. Tjarks
522 NW 2d 205 SD: Supreme Court, 1994
... than his home state of Colorado. Therefore, Schrader would have offered on
rebuttal
a nurse from South Dakota who would testify that the South Dakota nursing
standards
of care were violated. However, the trial court excluded ...
Texas
Webb v. Jorns
488 SW 2d 407 Tex: Supreme Court, 1972
488 SW2d 407 (1972). Robert WEBB, Individually and as next friend for his minor
children,
et al., Petitioners, v. Dr. Kenneth JORNS et al., Respondents. No. B3132.
Supreme Court
of Texas. November 15, 1972. Rehearing Denied January 10, 1973. ...
Hall v. Huff
957 SW 2d 90 Tex: Court of Appeals, Texarkana, 1997
... In the next day's order striking Hrehorovich's testimony, the court stated
that "Hrehorovich [was]
not qualified to render expert opinions regarding nursing standards of care."
Just because the
order was signed one day after summary judgment was granted does not mean that
the ...
Denton Regional Medical Center v. LaCroix
947 SW 2d 941 Tex: Court of Appeals, Fort Worth, 1997
947 SW2d 941 (1997). DENTON REGIONAL MEDICAL CENTER and Epic Healthcare Group,
Inc. Appellants, v. Lawrence "Butch" LaCROIX, Individually and as Next Friend of
Katherine "Kathy"
LaCroix, and as Next Friend and Parent of Lawryn LaCroix, Appellees. No. ...
Hillcrest Baptist Medical Center v. Wade
172 SW 3d 55 Tex: Court of Appeals, Waco, 2005
... the injuries claimed by Wade. Wade argues that the report of Nurse Nelson
Richardson addresses both nursing standards of care applicable to Hillcrest and
breaches of those nursing standards. Wade asserts that the nurse's ...
Jones v. ArkLaTex Visiting Nurses, Inc.
128 SW 3d 393 Tex: Court of Appeals, Texarkana, 2004
... It points out that the doctor was not sufficiently shown to be knowledgeable
about nursing
standards to opine as an expert in that area, 397 that the doctor did not set
out a standard of care
for nurses, and that the act he concluded was the cause of the injury
(administration of ...
Schauer v. Memorial Care Systems
856 SW 2d 437 Tex: Court of Appeals, Houston, 1993
... The nursing P & P were found to be two (2) years old and not current.
Nursing standards need
to be set. ... During her deposition, Schauer agreed the nursing policies and
procedures were two
years old, and nursing standards did, indeed, need to be established. ...
Tovar v. METHODIST HEALTHCARE SYSTEM
185 SW 3d 65 Tex: Court of Appeals, San Antonio, 2005
... Rodriguez would have been averted. The failure of the doctors and nursing
personnel
to perform within appropriate medical and nursing standards unfortunately caused
this
untoward result. (Emphasis added.). The hospital asserts Dr ...
Simonson v. Keppard
225 SW 3d 868 Tex: Court of Appeals, Dallas, 2007
... denied) (reviewing authorities, emphasis original) ("just because [the
expert] is a
physician does not necessarily render him unqualified as an expert on nursing
standards of care," noting "jurisdictions, including Texas, . . . have ...
Manor Care Health Services, Inc. v. Ragan
187 SW 3d 556 Tex: Court of Appeals, Houston, 2006
... denied) (holding that physician sufficiently demonstrated qualifications to
opine regarding nursing
standards of care, noting that "just because [the expert] is a physician does
not necessarily render
him unqualified as an expert on nursing standards of care"); see also Hillcrest
...
Baylor University Medical Center v. Rosa
240 SW 3d 565 Tex: Court of Appeals, Dallas, 2007
... Through her experience, education and training, she is familiar with the
nursing standards
of care applicable in this matter and to render opinions regarding the manner in
which the
nursing standard of care was allegedly breached by Nurse Thomas. ...
Convalescent Services, Inc. v. Schultz
921 SW 2d 731 Tex: Court of Appeals, Houston, 1996
... Moriel. We concur, however, that the factfinder may reasonably infer that by
knowingly or consistently failing to comply with proper nursing standards, Bayou
Glen showed conscious disregard for Schultz's health and safety. ...
Spivey v. James
1 SW 3d 380 Tex: Court of Appeals, Texarkana, 1999
... emergency treatment of cardiac tamponade. He also testified that he was
familiar
with nursing standards promulgated in the Joint Commission on Accreditation of
Health Care Organizations. The trial court granted summary ...
Shaw v. BMW Healthcare, Inc.
100 SW 3d 8 Tex: Court of Appeals, Tyler, 2002
... Nurse Frederick's report lists thirteen different federal and state
guidelines for nursing
standards of care in nursing homes, summarizes Mr. Shaw's medical records, and
states
that Westridge Manor failed to meet each of the thirteen guidelines. ...
Esquivel v. EL PASO HEALTHCARE SYSTEMS
225 SW 3d 83 Tex: Court of Appeals, El Paso, 2005
... progression and development of the bedsores. The pleadings also alleged
negligence per se based on the nurses' alleged violation of Section 217.11 of
the
Professional Nursing Standards. Pursuant to the requirements of ...
In re Covenant Medical Center
167 SW 3d 919 Tex: Court of Appeals, Amarillo, 2005
... The report then concludes with a statement concerning causation, by which
Antognoli opines
that the breaches of the nursing standards "directly contributed to Andrew
Cord's postsurgical
complication of respiratory depression and subsequent anoxic encephalopathy."
[2]. ...
TENET HOSPITALS, LTD. v. Gomez
276 SW 3d 9 Tex: Court of Appeals, El Paso, 2008
... granted." Id. 262 SW3d at 322. Application of Ogletree. Here, Gomez timely
served
Sierra with three expert reports. Nurse Medina's report directly implicates
Sierra by
explaining what nursing standards were breached. Although the ...
IHS ACQUISITION NO. 131, INC. v. Crowson
Tex: Court of Appeals, 8th Dist., El Paso, 2010
... The nursing standards of care for treating a patient with respiratory
arrest, calling a code,
and efforts to resuscitate a patient like Olga Shikoski are essentially the same
whether
the patient is on a hospital floor or in a skilled nursing facility. ...
HN TEXAS PROPERTIES, LP v. Cox
Tex: Court of Appeals, 2nd Dist., Fort Worth, 2009
... App.Texarkana 2004, no pet.) (holding that physician was not qualified to
opine about nursing
standards because his report failed to state his qualifications to opine about
the standard of care
for nurses monitoring a patient in a home healthcare setting and because his ...
CLEAR LAKE REHABILITATION HOSPITAL, LLC v. Karber
Tex: Court of Appeals, 1st Dist., Houston, 2010
... In his report, Evans explained that he has "had hands on experience in
hospitals and [has]
provided medical care to patients similar to [Karber]" and, through his
experience, education,
and training, he is familiar with the nursing standards of care applicable to
the case. ...
Meyers v. GOLDEN PALMS RETIREMENT & HEALTH CENTER, INC.
Tex: Court of Appeals, 13th Dist., Corpus Christi, 2007
... Ms. Rodriguez would have been averted. The failure of the doctors and
nursing
personnel to perform with appropriate medical and nursing standards
unfortunately
caused this untoward result. Id. The report in Tovar clearly set ...
TENET HOSPITALS, LTD. v. Gomez
Tex: Court of Appeals, 8th Dist., El Paso, 2008
... granted." Id. at *5. Application of Ogeltree. Here, Gomez timely served
Sierra with
three expert reports. Nurse Medina's report directly implicates Sierra by
explaining
what nursing standards were breached. Although the reports ...
NN v. INSTITUTE FOR REHAB. AND RESEARCH
234 SW 3d 1 Tex: Court of Appeals, Houston, 2006
... [5] Chen stated that she was familiar with nursing standards of care,
specifically
with regard to braininjured patients, and the record shows that she had
approximately 20 years of experience with braininjured patients. Chen ...
Simonson v. KEPPARD
Tex: Court of Appeals, 5th Dist., Dallas, 2007
... App.Texarkana 1997, pet. denied) (reviewing authorities, emphasis original)
("just because
[the expert] is a physician does not necessarily render him unqualified as an
expert on nursing
standards of care," noting "jurisdictions, including Texas, . . . ...
Ledesma v. SHASHOUA
Tex: Court of Appeals, 3rd Dist., Austin, 2008
... App.Texarkana 1997, pet. denied) ("Various jurisdictions, including Texas,
that have
addressed the issue of whether a physician is qualified to render expert
testimony as to
nursing standards of care have found physicians to be qualified."). ...
Marks v. ST. LUKE'S EPISCOPAL HOSPITAL
Tex: Supreme Court, 2009
... care" by failing to provide Marks with a safe hospital bed and,
specifically, by failing "to ensure
that the footboard was properly secured to the bed." Marks's own expert
determined that, "to a
reasonable degree of medical probability," breach of these nursing standards of
care ...
Ghazali v. Brown
Tex: Court of Appeals, 2nd Dist., Fort Worth, 2010
... claim because the appellee alleged that (1) her physician explained the
laser hair removal
procedure to her and (2) the physician's registered nurse who performed the
procedure, resulting
in the burning and scarring of appellee's skin, "breached nursing standards of
care").
Concentra Health Services, Inc. v. Everly
Tex: Court of Appeals, 2nd Dist., Fort Worth, 2010
... op.) (holding physician was not qualified to offer expert opinion about
nursing standards because
his "report and curriculum vitae demonstrate that he has experience and
expertise as an internal
medicine physician and as a medical administrator, but there is nothing in his
...
Godsey v. State
989 SW 2d 482 Tex: Court of Appeals, Waco, 1999
... 702. See Kelly, 824 SW2d at 574. Williams testified about her nursing
qualifications
and experience and about nursing techniques for dementia patients. She testified
that these nursing standards were generally accepted. The ...
Washington
Hall v. Sacred Heart Medical Center
995 P. 2d 621, 100 Wash. App. 53 Wash: Court of Appeals, Div. 3, 2000
995 P.2d 621 (2000). 100 Wash.App. 53. Ronald J. HALL and Kathy Hall,
individually,
and the marital community composed thereof, Appellants, v. SACRED HEART
MEDICAL CENTER, a Washington corporation, C. Frederick ...
West Virginia
Duling v. Bluefield Sanitarium, Inc.
142 SE 2d 754, 149 W. Va. 567 WV: Supreme Court of Appeals, 1965
... the child's death; that if a member of the family of a hospital patient
reports to a nurse that the
condition of the patient apparently is becoming worse, the nursing staff should
respond and
investigate; and that a failure to do so constitutes a deviation from proper
nursing standards. ...
Brooks v. Galen of West Virginia, Inc.
649 SE 2d 272 WV: Supreme Court of Appeals, 2007
... Similarly, the telephonic deposition of Dr. Furlow on March 9, 2005, failed
to provide evidence
of deviation from the standard of care. In that deposition, Dr. Furlow discussed
nursing standards
of care and did not address emergency room physicians' standard of care. ...
Wisconsin
Messer v. Martin
683 NW 2d 93, 2004 WI App 125, 275 Wis. … Wis: Court of …, 2004
... 4. After reviewing literature regarding nursing standards, Hankinson
provided an affidavit in which
she concluded that the attending nurse had a duty to inquire what medication
Messer was taking,
to take Messer's blood pressure and pulse, to report Messer's slight dizziness
...
Peeples v. Sargent
253 NW 2d 459, 77 Wis. 2d 612, 77 W (2d) … Wis: Supreme Court, 1977
... Elaine Ellibee, a registered nurse employed by the State of Wisconsin as
Secretary of
the Board of Nursing and Administrator of the Division of Nursing, testified
concerning
nursing standards in Wisconsin as set forth in ch. 441 of the statutes. ...
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