NEW YORK NURSE: July/August 2007

Ask the Experts

Providing off-the-job advice

Q.: Recently, a friend described some symptoms her husband was experiencing and asked me to examine him. I politely told her that he should make an appointment with his primary care provider as soon as possible. Could I be held liable if I inadvertently gave the wrong advice?

A.: As registered nurses, we are often asked by family and friends for our professional opinion. You need to be careful in today’s litigious society, however, especially if the person asking will likely do what you say. The courts take off-the-job professional advice very seriously and you could be implicated if you provide an inaccurate professional recommendation.

To minimize the risk of legal ramifications, follow these simple steps when someone asks for your professional opinion:

Advise the individual to see their own primary care provider. If the situation is an emergency, activate the emergency response system and provide care as in any emergency situation.
Attempt to provide an objective nursing opinion. Avoid snap decisions, especially if someone catches you off guard. Think through your response very carefully first.
If you don’t know, admit it. It is safer to admit that you don’t know than risk giving the wrong advice.
Keep a record of any advice you give. Although it is unlikely that a friend or family member would sue you, documenting what you said and when could be crucial down the road.
Brush up on your first aid. Keep an up-to-date manual handy for reference.
Refer your friend to reliable, current sources for the healthcare information they are seeking, such as a web site or reference book.

Source: Elder, C.R (1986). If a friend asks you for medical advice. RN, 49(8), 38-40.

This is a sample of the questions NYSNA’s experts answer each day. The advice given is specific for the situation described and may not be applicable generally. If you have questions about your own work setting, it is recommended that you contact your NYSNA Nursing Representative or the Nursing Advocacy and Information Program, 11 Cornell Road, Latham, New York 12110-1499 or call 800-724-NYRN, ext. 282.