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 driving with an open non-alcoholic beer illegal and are there specific ramifications for nurses who do so?
Date: Apr 16, 2014 | Nancy Brent
Question - Dear Nancy, Is driving with open non-alcoholic beer illegal and are there specific ramific..
Nancy Brent replies- Dear Merideth, Your question is well-beyond the scope of this column, but a few general comments can be made. One thing to keep in mind is that open container laws are state-speci... read more

Is it legal for a hospital to withhold information that could implicate the nursing supervisor in a medical malpratice suit?
Date: Apr 14, 2014 | Nancy Brent
Question - Dear Nancy, Is it legal for a hospital to withhold information that could implicate the nu..
Nancy Brent replies- Dear Bruno, You did not provide details concerning your question so only a general response can be made. There is no question it is not legal or ethical for anyone to withhold inf... read more

What's a public health RN to do if a new administrator wants non-nurses to job shadow the RN to people's homes during home healthcare visits?
Date: Apr 11, 2014 | Nancy Brent
Question - Dear Nancy, I work for a county public health department. We have a new administrator with..
Nancy Brent replies- Dear Melissa, It sounds as though your administrator needs a crash course on patient confidentiality, patient privacy and HIPAA, if your department is a "covered entity" under the... read more

Can a supervisor legally tell me I can't stay after the end of my shift (on my own time) to finish my charting/documentation/phone calls?
Date: Apr 9, 2014 | Nancy Brent
Question - Dear Nancy, Can a supervisor legally tell me that I can't stay after the end of my shift (..
Nancy Brent replies- Dear Jean, It seems as though this situation needs to be discussed with the physician and any NPs with whom you work. For whatever reason, the supervisor does not want you to stay... read more

What would be the legal implications of allowing a patient to be transferred in a private vehicle from an ED to a higher level of care facility?
Date: Apr 7, 2014 | Nancy Brent
Question - Dear Nancy, What would be the legal implications of allowing a patient to be transferred f..
Nancy Brent replies- Dear Rob, It is a little unclear why the option of transporting an ED-admitted patient to another facility in a private car has been raised. Under the Emergency Medical Treatment ... read more

Should an RN discuss with HR, legal and her unit manager how a facility can better handle hearsay HIPAA breaches after being targeted herself?
Date: Apr 4, 2014 | Nancy Brent
Question - Dear Nancy, I was contacted by our privacy officer and quizzed about a potential HIPAA bre..
Nancy Brent replies- Dear Gwen, The situation you describe is rather mysterious in relation to you being the identified as a target of a potential HIPAA breach. Your ideas to clarify this situation as... read more

Did an RN who completed a written, but not verbal report abandon her job? An LPN coworker was to give the relief LPN the verbal report.
Date: Apr 2, 2014 | Nancy Brent
Question - Dear Nancy, Based on the following scenario, who abandoned their job? The relief LPN accep..
Nancy Brent replies- Dear Liza, It is difficult to make a comment about a particular situation like yours without having many more details. For example, where did the LPN go? Why did the LPN become ho... read more

Was I out of line to tell a physician about a patient with a history of substance abuse? Can I be sued for slander?
Date: Mar 31, 2014 | Nancy Brent
Question - Dear Nancy, I am a case manager for a home care company. I was contacted by the spouse of ..
Nancy Brent replies- Dear Rhoda, From what you reported in your question, it sounds as though your concern about the patient and the effects of any problems when stopping his pain medications was well... 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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