Brent's Law

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.
I slipped and fell in a patient's room while working as a travel nurse. Even though I am not one of their employees, is the hospital still liable?
Nancy Brent replies- Dear Savannah, You did not indicate who the housekeeper was employed by - the hospital or the family. If he or she was placed there by the hospital, you might have a workers' comp... read more
The prison that terminated me, because I reported drug theft and patient abuse, is now preventing me from working by spreading a false arrest record. What can I do?
Nancy Brent replies- Dear Randall, It would be best for you to consult with a nurse attorney or attorney who works in the area of criminal law and can represent you in getting the false arrest record ... read more
Can an RN with a reprimand from more than two years ago continue into an advanced degree program?
Nancy Brent replies- Dear Yolanda, Your question seems to indicate that you still have your RN license in good standing, despite the discipline from several years ago. That is important for your admis... read more
Because of the distance I live from the hospital, I would have to stay in a hotel to be on call, according to a new mandate. Can I refuse to do this?
Nancy Brent replies- Dear Tara, Little is included in your question about your employment status at your facility, so it is assumed you are an at-will employee and not a member of a union - or you are... read more
Is it acceptable practice for RNs to order tests in triage, before the patients are seen by a physician?
Nancy Brent replies- Dear Faith, As you are aware, your practice is governed by your state nurse practice act and its rules. Most likely, as an RN you cannot administer medications or order treatments... read more
Our ED director wants us to start treatment on patients in the waiting room before a room is available. Legally, is this a good idea?
Nancy Brent replies- Dear Tim, Providing care to any patient in an open public place is probably not the best idea under normal circumstances. However, with certain protections in place, it may be pos... read more
A nurse began choking and was not offered any assistance by the charge nurse who was right there. Does she have any recourse in this situation?
Nancy Brent replies- Dear Briana, The situation you describe is quite disconcerting generally and specifically the conduct of the nurse who was with your friend when she was choking. However, be that ... read more
At my facility when a nurse forgets to sign something with her full name and just uses initials, we are told to fill it in. Is this legal?
Nancy Brent replies- Dear Carolyn, Any time one signs another's name on a legal document, with his or her consent, including any form in the medical record, and then adds his or her name after a slash... read more
Date: Feb 25, 2013 | Nancy Brent
Question - Dear Nancy, I slipped and fell in a patient's room while working as a travel nurse. I have.. Nancy Brent replies- Dear Savannah, You did not indicate who the housekeeper was employed by - the hospital or the family. If he or she was placed there by the hospital, you might have a workers' comp... read more
The prison that terminated me, because I reported drug theft and patient abuse, is now preventing me from working by spreading a false arrest record. What can I do?
Date: Feb 22, 2013 | Nancy Brent
Question - Dear Nancy, I was terminated because I reported drug theft and patient abuse at a prison i.. Nancy Brent replies- Dear Randall, It would be best for you to consult with a nurse attorney or attorney who works in the area of criminal law and can represent you in getting the false arrest record ... read more
Can an RN with a reprimand from more than two years ago continue into an advanced degree program?
Date: Feb 20, 2013 | Nancy Brent
Question - Dear Nancy, Can an RN with a reprimand from more than two years ago continue into an advan.. Nancy Brent replies- Dear Yolanda, Your question seems to indicate that you still have your RN license in good standing, despite the discipline from several years ago. That is important for your admis... read more
Because of the distance I live from the hospital, I would have to stay in a hotel to be on call, according to a new mandate. Can I refuse to do this?
Date: Feb 18, 2013 | Nancy Brent
Question - Dear Nancy, I'm an OB/GYN nurse in a clinic. We were told we are mandated to now take call.. Nancy Brent replies- Dear Tara, Little is included in your question about your employment status at your facility, so it is assumed you are an at-will employee and not a member of a union - or you are... read more
Date: Feb 15, 2013 | Nancy Brent
Question - Dear Nancy, I work in a small community hospital where the RNs are expected to order tests.. Nancy Brent replies- Dear Faith, As you are aware, your practice is governed by your state nurse practice act and its rules. Most likely, as an RN you cannot administer medications or order treatments... read more
Our ED director wants us to start treatment on patients in the waiting room before a room is available. Legally, is this a good idea?
Date: Feb 13, 2013 | Nancy Brent
Question - Dear Nancy, Our ED director wants us to start treatment on patients in the waiting room be.. Nancy Brent replies- Dear Tim, Providing care to any patient in an open public place is probably not the best idea under normal circumstances. However, with certain protections in place, it may be pos... read more
A nurse began choking and was not offered any assistance by the charge nurse who was right there. Does she have any recourse in this situation?
Date: Feb 11, 2013 | Nancy Brent
Question - Dear Nancy, I have a close friend who I used to work with at an assisted living facility. .. Nancy Brent replies- Dear Briana, The situation you describe is quite disconcerting generally and specifically the conduct of the nurse who was with your friend when she was choking. However, be that ... read more
At my facility when a nurse forgets to sign something with her full name and just uses initials, we are told to fill it in. Is this legal?
Date: Feb 8, 2013 | Nancy Brent
Question - Dear Nancy, I am a staff RN. At my facility when a nurse forgets to sign something with he.. Nancy Brent replies- Dear Carolyn, Any time one signs another's name on a legal document, with his or her consent, including any form in the medical record, and then adds his or her name after a slash... 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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