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Hey lawyers - question from my wife
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My wife is a RN and works for a state health department as a school nurse. The school district where she works has hired a private company to provide health care at the schools. However, the school nurses that work for the health department have to develop care plans for students who need them - but they will not be present to carry them out as the private company is being paid to do that.

The health department school nurses are concerned that they will be liable since they will be the ones signing the care plans. They've done some research and they think that they will be liable, whereas a lawyer from the state has told them that they won't be liable.

She and the other nurses are wondering if:
1 - They can be required to do this since it could put their license and livelihood in peril.
2 - If they lose their license because someone else fails to implement their care plan, or commits an error in doing so - can the nurses sue the state for loss of license, income, etc...
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Re: Hey lawyers - question from my wife [rick_pcfl] [ In reply to ]
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From an RN -

A Care Plan is not something that is set in stone, it's more of a guideline for patient care going forward.

The Nurse's priority is doing what is in the best interest of the patient and his/her health. If that means going outside of a Care Plan, then so be it. Even if there's a error in the Care Plan, it is up to the Nurse who implements it to make sure it is appropriate.

As far as medications, nurses can only administer them, ordering (or changing doses) can only be done by or through someone with the license to prescribe that medication.


She shouldn't be in any jeopardy in not being the person carrying out the Care Plans. They're not set in stone. The actual liability lies with the nurse carrying out the interventions.

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Kotter

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Re: Hey lawyers - question from my wife [rick_pcfl] [ In reply to ]
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rick_pcfl wrote:
My wife is a RN and works for a state health department as a school nurse. The school district where she works has hired a private company to provide health care at the schools. However, the school nurses that work for the health department have to develop care plans for students who need them - but they will not be present to carry them out as the private company is being paid to do that.

The health department school nurses are concerned that they will be liable since they will be the ones signing the care plans. They've done some research and they think that they will be liable, whereas a lawyer from the state has told them that they won't be liable.

She and the other nurses are wondering if:
1 - They can be required to do this since it could put their license and livelihood in peril.
2 - If they lose their license because someone else fails to implement their care plan, or commits an error in doing so - can the nurses sue the state for loss of license, income, etc...

Nurses from the state make care plans for students. Where do the parents fit into all of this?

They constantly try to escape from the darkness outside and within
Dreaming of systems so perfect that no one will need to be good T.S. Eliot

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Re: Hey lawyers - question from my wife [len] [ In reply to ]
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len wrote:
rick_pcfl wrote:
My wife is a RN and works for a state health department as a school nurse. The school district where she works has hired a private company to provide health care at the schools. However, the school nurses that work for the health department have to develop care plans for students who need them - but they will not be present to carry them out as the private company is being paid to do that.

The health department school nurses are concerned that they will be liable since they will be the ones signing the care plans. They've done some research and they think that they will be liable, whereas a lawyer from the state has told them that they won't be liable.

She and the other nurses are wondering if:
1 - They can be required to do this since it could put their license and livelihood in peril.
2 - If they lose their license because someone else fails to implement their care plan, or commits an error in doing so - can the nurses sue the state for loss of license, income, etc...


Nurses from the state make care plans for students. Where do the parents fit into all of this?

Parents are filling out the paperwork that leads to the nurse writing the care plan.
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Re: Hey lawyers - question from my wife [noskcaj46] [ In reply to ]
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I asked my wife and she said that they have discussions/communications with the parents of each child, if they are willing. She said that the purpose of the care plan is to provide directions for the school administrators/teachers in the event of a medical issue that would be likely for the condition that the child has.
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Re: Hey lawyers - question from my wife [len] [ In reply to ]
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len wrote:


Nurses from the state make care plans for students. Where do the parents fit into all of this?

To give you the big picture.. Parent's have a child who has special medical needs. Parents work with family Dr. and determine what the kids medical needs, if kid is going to school, the parents have paperwork to fill out explaining what the medications the kids needs are for. If the need is more than johnny has an inhaler if they have an episode, then the school district will get a nurse to look over the Dr.'s / family paperwork for Johnnies needs if this than that kind of stuff. This ensures for the district that the medical needs of the child are being met and reduces the district liability. Then the school nurse will administer the care plan as needed, so little johnny is self medicating or medicating friends.

Nothing as nefarious as you are alluding to.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
Be kind English is my 2nd language. My primary language is Dave it's a unique evolution of English.
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Re: Hey lawyers - question from my wife [DavHamm] [ In reply to ]
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From an investigative background.... I would steer far away from this. Tom me, it just screams of liability and depositions. Legally, you may be cleared, but when push comes to shove, you can bet your wife will get a subpoena requesting her statement.

Team Zoot-Texas, and Pickle Juice
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Re: Hey lawyers - question from my wife [DavHamm] [ In reply to ]
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I was trying to be somewhat non nefarious. I guess I failed somewhat.

They constantly try to escape from the darkness outside and within
Dreaming of systems so perfect that no one will need to be good T.S. Eliot

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