Is it legal for a nurse to refuse or postpone a temperature check on a child when requested by a parent?

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Is it legal for a nurse to refuse or postpone a temperature check on a child when requested by a parent?

My daughter was admired to the hospital due to high fever. When shift change happened a new nurse came in and was very rude. However, aside from that, she

denied/postponed the request me and her mother made for her temperature to be checked. She replied with,

Asked on April 14, 2018 under Malpractice Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, it is legal. The parent is not the nurse's employer or supervisor and has no authority over the nurse. The nurse's duty is to follower her employer's (e.g. the hospital's) instructions and procedures and to also do what is medically reasonable or appropriate. She does not need to check temperature because a parent asked her, because a parental request does not make doing so medically necessary.


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