Brent's Law
Brent's Law Advice Column
Nancy J. Brent, RN, MS, JD, Nurse.com's legal information columnist, received her Juris Doctor from Loyola University Chicago School of Law and concentrates her solo law practice in health law and legal representation, consultation and education for healthcare professionals, school of nursing faculty and healthcare delivery facilities.

Brent has conducted many seminars on legal issues in nursing and healthcare delivery across the country and has published extensively in the area of law and nursing practice. She brings over 30 years of experience to her role of legal information columnist.

Letters To Nancy showing 1-8 of 80 1 2 3 4 5 6 7 8 9 10 Next »
Is it legal for a nurse to sign as a witness on a consent form faxed from a doctor's office?
Date: Nov 26, 2014 | Nancy Brent
Question - Dear Nancy, My department has been having issues with consents faxed from doctors' offices..
Nancy Brent replies- Dear Abbey, The procedure you describe in your question is one that will most likely create major legal problems if a consent witnessed in this way is ever challenged. First and f... read more

Is it legal for a hospital to withhold information that could implicate the nursing supervisor in a medical malpractice suit?
Date: Nov 24, 2014 | Nancy Brent
Question - Dear Nancy, Is it legal for a hospital to withhold information that could implicate the nu..
Nancy Brent replies- Dear Robert, Your question is a little vague so it is difficult to understand exactly what you are asking. Some general comments can be made, however. Intentionally withholding in... read more

Can my employer terminate me without offering assistance, then report me to the state board of nurse examiners if I fail a drug test?
Date: Nov 21, 2014 | Nancy Brent
Question - Dear Nancy, I recently failed a drug test at work. I was terminated for violating hospital..
Nancy Brent replies- Dear Mark, Generally speaking, an employer has a right to enforce its policies fairly and consistently with all employees. This includes a policy concerning drug testing. It is di... read more

What recourse does an RN, who is a breast-feeding mom, have if the unit where she works is so understaffed she cannot take breaks to pump milk?
Date: Nov 19, 2014 | Nancy Brent
Question - Dear Nancy, I am a breastfeeding mom and work 12-hour shifts on a busy rehab floor. A new ..
Nancy Brent replies- Dear Lilian, It sounds as though the problem in your situation is not that you have not been given the time to pump breast milk, as required by the U.S. Department of Labor/Wage a... read more

In an employer-sponsored clinic, can an RN provide services ordered on an RX or letterhead, even is she doesn't know the employee's doctor?
Date: Nov 17, 2014 | Nancy Brent
Question - Dear Nancy, In an employer-sponsored clinic, if a nurse does not have a professional worki..
Nancy Brent replies- Dear Roberta, Physician orders, both written and oral, are regulated by the state medical practice act. Likewise, a nurse acting upon those orders is governed by the state nurse p... read more

Where does a private aide's responsibilities caring for a patient cause conflict with the facility's aides?
Date: Nov 14, 2014 | Nancy Brent
Question - Dear Nancy I work for a home care agency that also supplies aides to private patients in a..
Nancy Brent replies- Dear Mary Ann, The residents in the assisted living facility in which you work are lucky to have two nursing aides who help them maintain their independence and their health. This... read more

Is it legal for a company to force nurses to take 4 hours of PTO and work a 6-hour day even though they only need 2 hours of PTO?
Date: Nov 12, 2014 | Nancy Brent
Question - Dear Nancy, I work for an insurance company as an RN, and have a question regarding the us..
Nancy Brent replies- Gwen, The formula you describe for taking time off from work is confusing. Although your employer may have a policy about taking paid time off, it is difficult to make sense out o... read more

Can a nurse be held liable for a recommendation she makes to a physician about wound care?
Date: Nov 10, 2014 | Nancy Brent
Question - Dear Nancy, In this scenario can a nurse be held liable for a recommendation she makes abo..
Nancy Brent replies- Dear Joanne, Generally speaking, it is a physician or an advanced practice nurse who orders wound care. However, in some instances, it is possible a physician or advanced practice... read more

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*Due to the sheer volume of questions received, Nancy Brent cannot answer every question or respond privately to any questions. All questions answered will appear on Nurse.com, and some may be printed in Gannett Healthcare Group publications. Last names and e-mail addresses will be omitted.
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