Discussion 07.2: Injured NurseSCENARIO (BASED ON A REAL FLORIDA CASE)A home healthcare and dialysis nurse visited one of her home health patients and found him in aweakened state. Concerned, she took the patient to a hospital emergency room, and after severalhours, the patient was admitted to the hospital. In an effort to help and to show concern for the patient, the nurse followed the emergency roomtechnician to assist in transferring the patient. The technician’s duties included transferring patientsfrom gurneys to beds. The first step in a transfer is to lock the two beds together. If there is no oneaiding in the patient transfer, the bed railing on the opposite side must be in the upright position toprevent the patient from rolling off the bed during the transfer. In this case, the technician positionedthe gurney next to the hospital bed to facilitate a rolling transfer, but did not place the bed railing onthe opposite side in the upright position. The nurse stood at the foot of the gurney while the patientwas asked to roll from the gurney onto the hospital bed. The nurse thought the patient was about toroll off the far side of the bed, and she jumped across the bed to grab him. When the nurse grabbed thepatient, she felt a sharp pain across her lower back, and severe pain radiating into her left leg. Due tothis injury, the nurse filed suit against the hospital alleging negligence and medical negligence.(Note: Even thought the nurse was essentially just a visitor at this time, the hospital would still owe hera duty of care, at least ordinary care.)(Note: If you would like to see the real case this scenario is based upon, check out Reeves v. N. BrowardHosp. Dist., 821 So.2d 319 (Fla.App. 2002). Be warned—the scenario has altered the facts from theoriginal case. Do not rely upon the real case opinion in formulating your answer to the fictional scenarioin the discussion question.)DISCUSSION QUESTIONS1. Should the hospital be liable to the nurse in this situation? Can she establish all the elements ofnegligence?2. Are there affirmative defenses available to the hospital that might shield them from liability?Legal Aspects of Healthcare Administration 13th Pozgar 2019 Jones & Bartlett-Vitalsource [email protected]#magicMAN61

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