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LEGAL UPDATE
if she'd simply explained the criteria and ensured that the patient knew
it was her decision what to do from that point forward. Had the patient
been uncertain, she would have erred on the side of safety by calling
her gynecologist or returning to the hospital. If the patient decided not
to, it would have been her decision and hers alone. Had the nurse's
documentation noted that she'd clarified the discharge instructions
and let the patient decide how to proceed, she wouldn't have shared
the responsibility for the patient's decision to defer the call, and the
complications that followed. OSM
Mr. Lyddane (lyddaj@mcb law.com) is a senior partner and trial attorney at
Martin Clearwater & Bell in New York, N.Y., with more than 30 years' experience in defending technical personal injury and professional liability actions
in state and federal trial courts.
