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LPNis exceeding her duty,suturing,as the doc looks on, and you as the charge nurse sees. What should you do?


You have beent he charge nurse for two years. Recently the LPNs duties were limitied and she has 10 years of experience as well as a medic aid in Iraq. What legal impliaction exist for the physician, the LVN and the charge nurse? & what are the legal ramifications of this case? What action should be taken?

The LVN is employed under a hospital in canada.

I recommend that you first ask the physician who was looking on.

For example this person may be in training for a position of greater responsibility and is legitimately in training under the doctor's supervision.

If you still have doubts, I recommend that you contact the state medical board.

If you are concerned that you may have some legal liability, I recommend that you contact your own attorney.

None. She is doing it under doc's supervision.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. Answering this question does not indicate an attorney-client relationship. **

thats definately out of scope of a LPN ..
you could turn her into the state board and see what goes from there

the LPN needs to be told that suturing is not in their job description and they are out of their scope of practice.Tell them if it happenes again, then they will be reported. The doc should have more sense than to let a LPN suture, even though they may have been a medic in the military. We had a LPN that was allowed ti start an IJ with the doc standing there. Needless to say the LPN was fired and the doc reprimanded.

If it is outside of her listed responsibilities of duties that she was given when she signed up to work fo the hospital, then she is outside of her duties and the hospital could be sued. In any case, unless she is a nurse practitioner, she is outside of her license duties in all probability. It should be reported to the medical board and she should be written up as a disciplinary measure to protect the hospital (to show that the hospital does not approve of a nurse going outside of her designated job description duties).

Might depend upon your state of licensure. Who is the employer, the doctor or a hospital? Some State Boards would say the LVN/LPN was under the direction of the physician, making the physician the responsible party. Same with a lot of hospitals. If it took place in the doctor's office or clinic, or OP services, then definitely the nurse is under the doctor's umbrella. What you need to do, as a charge nurse, is clarify your position with your employer and find out if they expect you to override a doctor when he directs a nurse (even "just" a licensed nurse, as I can tell you make a pointed distinction) to do a procedure. What action should be taken? At this point, none....it's over and done with. Like you say, you've been out of it for two years....find out what is expected of YOU in YOUR job, and you will know what to do next time.

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