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Has a nurse ever been sued for cultural negligence?
Wednesday November 4, 2009

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Question:

Dear Nancy,

Has a nurse ever been sued for cultural negligence?

Loretta



Nancy Brent replies:

Dear Loretta:

It is unclear what you are defining as "cultural negligence,” but suffice it to say that any nurse who practices without an eye toward the culture of patients is walking on thin ice. Cultural competency, which is defined as involving "appreciation of, respect for, and responsiveness to the diverse needs of patients from different cultural or ethnic backgrounds" (“Essential Nursing Resources,” Interagency Council on Information Resources in Nursing, www.icirn.org. Accessed Oct. 30, 2009), is an important focus for all nurses. It can be said that an RN who is not culturally competent, could easily offend a patient, not provide the care the individual needs, or perhaps even conduct himself or herself in a manner that legally discriminates against a particular patient whose culture is different from the nurse's.

One of the references in the “Essential Nursing Resources” list, “Teaching Cultural Competence In Nursing and Health Care: Inquiry, Action, and Innovation,” by M.R. Jeffreys, (Springer Publishing, 2006) might be worth reading to get an overview of this issue and identify ways to ensure all patients receive adequate and needed healthcare.

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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