Are we liable if we can't give a vaccine to a child whose parent can't physically restrain that child?
Wednesday March 17, 2010
Print This- Select Text Size:
Comments
advertisement
We work in an immunization clinic for a county health department that provides immunization clinics for children two days a week. Our concern is uncontrollable clients and the parameters that constitute battery when restraint is necessary. Is it our role to help a parent physically restrain a child? Are we liable if we don't provide a vaccine if the parent cannot restrain his or her child?
Jack
Basically, a battery is an intentional tort and occurs whenever there is forceful, unpermitted and harmful contact with another (Black's Law Dictionary. 2nd Pocket Edition. 2001). In the situation where healthcare is being provided, a battery can take place whenever healthcare is provided that is not consented to, for example. In the situation described in your question, the parent is bringing the child into the clinic for immunizations. Since the parent is the legal consent giver for minor patients (with some exceptions, of course), the consent of the parent exists to give the immunization and to do so safely. Reasonable restraint of the child is therefore necessary in some instances.
Clearly, reasonable restraint policies, with continued consent by the parent to use the restraint to administer the immunization safely, is essential. If the parent withdraws the consent (e.g., "Forget about this. It is too scary for my son"), then no further restraint, or the administration of the vaccine, is possible.
Whatever the circumstances of a difficult situation clinic staff face in the administering of immunizations, clear, complete, accurate and timely documentation of the circumstances needs to occur. Documenting the role of the consent giver is important to include. What the consent giver said, what he or she did, including a decision to forgo the immunization and/or restraint, is necessary.
A consent form developed and used by staff that is clear and inclusive of what is needed for the immunization to take place is a good tool that can be used by all staff to ensure compliance with the legal requirements of informed consent by the parent or other legally authorized consent giver and to avoid battery allegations. Sharing your concerns with the clinic CNO, medical director and risk manager would be a start in helping staff feel more comfortable with their role in the administration of immunizations.
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.
Reader Comments
Login
Be the first to comment!