Causation Issues Related to Infections and Medical Claims
With infection and indeed all other medical claims, nearly all courts will not permit a nurse to address causation issues. It is essential to have a physician on behalf of either plaintiff or defendant to relate an injury to the asserted act of negligence. A burgeoning and narrow exception to this relates to skin care. Some experts agree that wound care nurses might ultimately be qualified to relate skin interruption with negligence. However, it remains prudent for either side of a litigated matter to have a physician to address theses issues.
You can read more practice tips in my chapter Screening the Nursing Malpractice Case, in a text edited by Patricia Iyer, RN MSN LNCC. More information about Nursing Malpractice, Third Edition, 2007 may be found at here.
