Legal Question in Medical Malpractice in New York

Where I work we have a policy/procedure that clearly states that an RN will assess a patient prior to them being given a flu shot and then will attend the LPN who is assigned to give the shot. If that is not followed, for example the LPN assesses the patient rather than an RN and the RN is not in attendance has the policy been legally violated? Also if the RN listens to the LPN as the LPN assesses the patient are we still n violation? Also the LPN scope of practice clearly states that they are not allowed to assess patients.


Asked on 9/28/12, 10:39 am

1 Answer from Attorneys

May be in violation of office/hospital protocol, but would not give rise to liability in the absence of injury. Best, M. E. Zuller

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Answered on 9/29/12, 4:12 am


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