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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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How can I protect myself as a nurse with FELA?
Thursday October 2, 2008
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Question:

Dear Nancy,

I work as an occupational health nurse. I have experience in several different types of companies from semiconductor to manufacturing. I work for the railroad, and I perceive this type of nursing as the most litigious because of the Federal Employers Liability Act (FELA). Workers’ compensation has boundaries, whereas FELA seems to increase lawsuits for the most frivolous issues. How can I protect myself as a nurse with FELA? I document very well, but what else should I be doing?

Ned



Nancy Brent replies:

Dear Ned,

Congress passed the Federal Employers Liability Act (FELA) in 1908 to protect railroad employees when they were injured in a railroad-related accident. Congress believed this to be important since these workers were not covered under state workers’ compensation laws. The FELA is a jury-based system (in comparison to an established schedule for injury or death under state workers’ compensation laws) and employees can seek money for pain and suffering, lost future wages, and other damages.

Although the framework allows for higher awards for injured railroad workers, they have a heavy burden to overcome in obtaining an award. They must show that the employer was “legally negligent” at the time of the injury.

Insofar as your potential liability under the FELA and the FRA guidelines, a consultation with a nurse attorney or attorney familiar with this area of the law would be an excellent idea. Additionally, since you are an occupational health nurse, adhering to standards of practice set forth by professional associations, including the American Association of Occupational Health Nurses (www.aaohn.org), would be essential.

It is important to keep in mind that neither the FELA nor the FRA set standards of nursing practice. It is the nursing profession and its professional associations that do so. If you are practicing in accordance with those standards and the state nurse practice act and rules where you provide care to employees under the FELA, you should be on solid ground.

Cordially,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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