Legal Question in Medical Malpractice in Oklahoma
Nursing
Do ER nurses have the right to refuse medical attention to a person?
Is it against the law?
Asked on 9/07/06, 3:19 pm
1 Answer from Attorneys
Anthony DeWitt
Bartimus, Frickleton Robertson & Gorny, PC
Re: Nursing
No. Nurses do not have that right. Under the Emergency Medical Treatment and Active Labor Act, EMTALA, a person arriving in an ER has a right to a screening examination to determine if they have a life-threatening condition. A nurse may generally not refuse to care for a patient under this law.
Most state nursing statutes, and state boards, would consider this to be a matter of abandonment. Nurses and physicians do not have the luxury of choosing which patients they care for, and generally, in the ER setting, must take all comers.
Some state laws may give more or less protection in this situation.
Answered on 9/07/06, 3:37 pm
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