North Carolina Supreme Court Removes Precedent Shielding Nurses from Medical Liability Claims

Carolinas Medical Center in Charlotte, NC.

The North Carolina Supreme Court recently overturned a 90-year-old precedent that shielded nurses from medical liability when working under a physician’s supervision. In the Connette v. Charlotte-Mecklenburg Hospital Authority case, the court ruled that nurses, including CRNAs, are now liable for their actions in medical malpractice cases. This decision significantly impacts nurse liability and highlights the growing importance of medical malpractice insurance for healthcare providers in North Carolina.

Background of the Med Mal Case: Connette v. Charlotte-Mecklenburg Hospital Authority

In the Connette v. Charlotte-Mecklenburg Hospital case, Amaya Gullatte, a young child, suffered permanent brain damage after complications during a heart procedure. The incident involved anesthesiologists and Certified Registered Nurse Anesthetists (CRNAs) who administered anesthesia. The child experienced cardiac arrest due to oxygen deprivation, leading to pediatric medical malpractice claims. This case sparked the North Carolina Supreme Court’s decision to remove the legal shield protecting nurses from medical liability while working under physician supervision.

The Byrd v. Marion General Hospital ruling, which protected nurses from liability when working under a physician’s supervision, stood for nearly 90 years. However, the North Carolina Supreme Court’s decision in Connette v. Charlotte-Mecklenburg Hospital overruled this precedent, reflecting the evolving role of nurses. With advanced roles like CRNAs, nurses now have greater specialization and responsibility. The court acknowledged that nurses are accountable for their actions, even when working with physicians, setting higher standards for nurse liability.

As the scope of practice for nurses has broadened, so have their responsibilities and exposure to medical malpractice claims. Nurses, especially in specialized roles, can now be held liable for breaches of duty or negligence, particularly in situations involving independent decision-making. This increased legal risk emphasizes the importance of securing comprehensive malpractice insurance. With this ruling, nurses must be proactive in understanding their legal obligations and ensuring they are protected against potential claims. Robust medical liability coverage is essential for safeguarding their careers and financial security.

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Impact on NC Healthcare Providers and Medical Malpractice Insurance

The North Carolina Supreme Court’s ruling significantly impacts healthcare providers employing nurses and CRNAs. With the Byrd precedent overturned, healthcare providers now face increased liability exposure, especially in cases involving nurse negligence or breaches of duty. Nurses, particularly those in advanced practice roles, can now be held accountable for their actions, which raises the stakes for healthcare employers.

For healthcare providers, this ruling emphasizes the growing need for comprehensive medical malpractice insurance. With increased liability for nurses, having robust liability coverage is key to managing potential legal and financial risks. Proper insurance protection is an important step in safeguarding a practice’s financial stability and reputation.

Healthcare Providers Should Carry Med Mal Insurance

As nurses’ roles evolve, both nurses and healthcare providers must take proactive steps to secure the right medical malpractice coverage. With increased liability risks, nurses, especially those in specialized roles like CRNAs, need strong nurse liability insurance. Healthcare providers must update their policies to reflect the changing legal landscape. Don’t wait—protect your practice and career today by reviewing your medical malpractice insurance. Contact Cunningham Group Insurance now to get the best coverage at the best price.

*This article has been updated with new information

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