Legal Question in Medical Malpractice in New York

I am an RN in an operating room. There were two nurses circulating and one nurse scrubbed. The other RN and the Scrub RN counted while I was not in the room. We were relieved during the case as change of shift. At the end of the case the instrument count was incorrect and there was a delay for an x-ray of the patient. The x-ray was read an there was nothing retained in the patient and the discrepancies were resolved and accounted for. Should this ever go to court, would I be liable as the senior nurse in the room even though I wasn't present for the count?


Asked on 9/01/10, 6:03 pm

1 Answer from Attorneys

Without any injury to the patient, it is unlikely there will be a claim. As to your liability, it is a question of hospital protocol. Were all instruments accounted for before the shift change? Should they have been? Presumably, as a hospital employee, you are provided with coverage and a defense, if a claim is advanced. If it is a matter of being obligated to report the incident to risk management, or some other supervisor, better to do so now. Best, M. E. Zuller

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Answered on 9/07/10, 9:30 am


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