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an IV when a patient urged them to stop.
Sounds absurd, but Mr. Duffy suggests nurses ask themselves these
questions to avoid getting sued for assault or negligence:
• Would a reasonable nurse do this? In a courtroom, a jury is
asked to determine whether a nurse acted reasonably. That's the stan-
dard of care that nurses are legally required to uphold. So that's also
the question you should ask yourself.
• Would my neighbor accept my answer? When a case goes to trial,
there likely won't be any healthcare people on the jury. That's why it's
imperative to consider the perception of the accountant 3 houses
down. He might not find the conduct justifiable.
Should you wind up as a defendant in a lawsuit, Mr. Duffy says:
• Know where the power lies. Always face the jury when answer-
ing questions. The jury will determine the case — not the plaintiff's
attorney playing hardball. "There are a couple subliminal things
there," says Mr. Duffy. "You're looking the person in the eye. You're
facing them. People respect the fact that you're looking at them."
• Watch your words. In the courtroom, words are taken literally.
Many nurses try to make themselves sound better than they need to
sound. They only need to meet the courtroom standard of acting rea-
sonably. Instead, they box themselves into a corner. "If you say, 'I
always do something,'" says Mr. Duffy, "then you have to be sure that
you always did it." Describe actions as routine practices rather than
absolutes. Cite multiple resources, including prior experience, as the
factors dictating conduct, says Mr. Duffy.
OSM
