REPORT: September 2005

Ask the Experts

Am I liable for the actions of workers I supervise?

Q.: I am the most experienced RN on my unit, therefore, I am frequently asked to be the charge nurse. Are charge nurses liable for the actions of other healthcare providers on the unit (RNs, LPNs and unlicensed personnel)?

A.: A charge nurse is responsible for promoting safe and quality patient care and for maintaining high clinical standards on a unit. Charge nurses are not directly responsible for the actions or inactions of the nursing staff. Every RN or LPN is individually accountable and has a legal duty to provide non-negligent care and to abide by the Nurse Practice Act and other laws and regulations influencing their practice.

The areas that could lead to legal liability include negligent supervision: for example, if patient harm occurs because a charge nurse is aware of a competency issue or an impaired practitioner and does not intervene. RNs functioning as charge nurses must possess knowledge about the clinical competency of the nursing staff they supervise and must monitor, delegate, and/or assign carefully. A charge nurse has a central role in preventing negative patient outcomes. If questions arise, a charge nurse should voice her or his concerns to an immediate supervisor, risk management, and a chief nurse executive and/or nursing representative (at unionized facilities only) and explain the situation in a confidential and factual manner. Lastly, all RNs are strongly advised to purchase their own liability insurance policy.