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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118131
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Our hospital is telling non-chemo trained nurses that they

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Our hospital is telling non-chemo trained nurses that they are not to worry about caring for patients that have chemo running thru the night. Management says that since they didn't hang it - it is OK just to watch it and call the boss if they think anything is not right during the night.
The girls are afraid because they haven't had any training on what to look for or what to do in an Emergency. They feel their license is being jeopardized. There were chemo nurses who volunteered to come in and work but were not allowed because it would have caused overtime.
We are filling out Assignment Despite Objection forms but the girls are scared for their license.
Can they be held responsible if something would go wrong with the infusion while they were just " Watching It "?
No, they cannot be held liable if they have received no training and they do notify someone if something looks wrong overnight. They can only be held liable for training they have received and not acting within the scope of that training. Thus, if they have not been trained they are not liable to do what they have not been trained to do. WHO DOES TAKE LIABILITY, the MEDICAL FACILITY, that's who. If they are not providing trained personnel and they do have trained personnel and something happens, then the medical facility can be liable for not providing the personnel.

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