May issue of CITATIONS - Ventura County Bar Association

MAY 2011 • CITATIONS 7TORN BETWEEN TWO LOVERS: NURSING AND LAWBy Carol MackThere is a story told by Richard Carmona,the Surgeon General of the UnitedStates under President George W. Bush.Dr. Carmona was a registered nurse beforehe became a physician, and when PresidentBush said that he had appointed him, inpart, because he was a former nurse, he toldthe President, “Sir, there’s no such thing as a‘former nurse.’ I am a nurse. Once a nurse,always a nurse!”I also am a nurse. I’ve been a nurse for over30 years, and I will always be a nurse. Ofcourse, I am also an attorney now. And I lovethe law. And I love nursing. Sometimes Ifeel downright schizophrenic.One of my nursing students interviewedme for a student publication and asked if,knowing what I do now, I would have chosenlaw over nursing as a first career. I repliedthat I was glad to be a nurse first, and that istrue. My nursing career has taught me howto solve problems, how to deal with chaoscreatively, and how to approach even thestrangest people compassionately. Qualities,I might add, that are also helpful in law.Nursing and law are not that different. Bothare recognized as professions in that theyrequire a specialized set of knowledge andskills that are used in the service of others,adhere to a code of conduct, and engage inself-regulation.Both professions involve specializedknowledge and skills, which are acquiredduring training. We learn a body ofknowledge contained in textbooks andresearch papers or cases, and we learn aspecific problem-solving approach. Justas law students use IRAC to analyzeproblems in law school, nurses use thenursing process to approach problems innursing. In fact, the nursing process, whichconsists of assessment, diagnosis, planning,implementation, and evaluation, is suchan integral part of nursing practice that itactually comprises the legal definition ofcompetent nursing practice in California.Nursing and law are both governed by acode of ethics. Attorneys must comply withthe Rules of Professional Responsibilityand nurses must follow the Code of Ethicsfor Nurses. And just as an attorney has aresponsibility to her clients, a nurse’s primaryresponsibility is to her patients. Provision3.5 of the Code reads: “As an advocatefor the patient, the nurse must be alert toand take appropriate action regarding anyinstances of incompetent, unethical, illegal,or impaired practice by any member of thehealth care team or the health care system orany action on the part of others that placesthe rights or best interests of the patientin jeopardy.” In practice, this means that anurse is obligated to refuse to carry out anorder that puts a patient at risk. I personallyknow of several cases in which a nurse hasliterally saved a patient’s life by refusing tofollow inappropriate doctor’s orders.Both professions are respected as well,nursing more so than law. People will turnContinued on page 8Sometimes numbers arethe only prints left behind.Arxis Financial is a proven forensic accounting and litigationspecialist. We will examine the financial data and help youdetermine the “bottom line.” Arxis provides financial andvaluation analysis needed to resolve a variety of legal disputesfrom family court to civil, criminal, and probate courts. In manycases our experts can help you reach a settlement. If trial orarbitration is required we give you the support you need to win.Chris Hamilton, CPA, CFE, CVA805.306.7890www.arxisfinancial.comchamilton@arxisgroup.com0518_AX_citations_01_r1.indd 112/5/06 1:25:55 PM