Unfortunately, nurses have not been extended any grace from being held accountable to the law embodied in state Nurse Practice Acts (NPA). There is some confusion about this since several states have offerred reprieve from medical malpractice claims during the Covid-19 crisis. Acts of negligence under civil law, or otherwise called medical malpractice, is not the same as acts of negligence or violations under the NPA. Nurse Practice Acts and associated rules and regulations are administrative law. Medical or nursing malpractice is governed by civil law and statutes.
We have recieved in writing from nursing boards and associations that the nurse remains expected to practice in adherance to their state NPA. Some states such as Oregon have even issued position statements confirming this. Nurses therefore, remain vulnerable to being disciplined and even having their license revoked if they violate their NPA standards while fighting to care for the complex sick and high numbers of Covid-19 patients.
If you find yourself accussed of potentially or actually violating your NPA, we at Expert Nurse Consultants can help. We are a group of clinically active nurses, legal consultants and former board investigators. We also have available consultation from licensing attorneys. Different than licensing attorneys we however, are affordable and available 24/7.
We are available to consult free, with nurses regarding board of nursing actions or standard of care issues that may arise in your practice. Its a tough and frightening time in the practice of nursing. Do not go it alone. You may reach us at cnlegalnurse@gmail.com or our website: