Advocacy

TAANA Position Statements & Papers

TAANA Position Papers

  • Expert Testimony in Nursing Malpractice Actions More >
  • Unlicensed Assistive Personnel (UAP) More >
  • The Juris Doctorate as a Terminal Degree More >
  • Experts on Nursing: TAANA Takes a Stand More >

TAANA / AALNC Joint Position Papers

  • Criminal Prosecution of Health Care Providers for Unintentional Human Error More>

TAANA's Amicus Brief Supporting a Nurse's Non-Negotiable Duty to Advocate

TAANA member Diane Warlick recently wrote a compelling Amicus Brief on behalf of TAANA in the case of Ellen Hughes Finnerty v. Board of Registered Nurses, Court of Appeals for the State of California, Cause No. B 200659. Another TAANA member, Phyllis Gallagher, raised awareness of the situation shortly after the entry of the California Board of Nursing ruling against her client.


The case concerns a nurse's duty to serve as a vigilant advocate for the safety and rights of a patient in the face of a doctor's order that the nurse believes to endanger the patient.


The brief filed on behalf of TAANA references the longstanding history of tension between the medical and nursing professions. As stated by Warlick, "[T]here are clearly areas of overlap in the scopes of practice of nursing and medicine, yet they remain clearly separate and distinct professions."


Issues raised by the brief:

  1. The professionalism of nursing practice no longer requires nurses to blindly follow orders that may cause harm
  2. The standards of nursing practice and the Nursing Code of Ethics establish duties condone a nurse's refutation of a physician's order that she believes would cause harm
  3. Public policy concerns for a board's infringement on a nurse's duty to exercise professional judgment
  4. The discipline of the exercise of nursing judgment and the resulting detriment to future patients in need of nursing advocacy

Once again, TAANA is proud not only to advocate excellence and support the profession of nursing, but to commend the excellent work of fellow nurse attorneys and TAANA members, Diane Warlick and Phyllis Gallagher.


TAANA's Amicus Brief Supporting a Nurse's Non-Negotiable Duty to Advocate

Additional Resources


Community Grant Award Recipient

The TAANA Foundation donation is presented to a worthy organization in the community where TAANA holds its annual conference.


Community Grant Award Recipient

The TAANA Foundation donation is presented to a worthy organization in the community where TAANA holds its annual conference.


Award Recipients

  • 2004 - Quest, Orlando (Apopka), FL
  • 2005 - Tri-Cities Well-Child Clinic, Chicago, IL
  • 2006 - La Casa de las Madres , San Francisco, CA
  • 2007 - Women's Resource Center of Newport & Bristel Counties
  • 2008 - Florida Kinship Center, Tampa, FL
  • 2009 - Cancer Services of New Mexico, Albuquerque, NM
  • 2010 - Frontier Nursing Services, Wendover, KY
  • 2011 - Seattle Cancer Care Alliance, Seattle, WA
  • 2012 - Health Law Advocates of Louisiana

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