504. Standard of Care for Nurses

A [insert type of nurse] is negligent if [he/she] fails to use the level of skill, knowledge, and care in diagnosis and treatment that other reasonably careful [insert type of nurses] would use in similar circumstances. This level of skill, knowledge, and care is sometimes referred to as "the standard of care."

[You must determine the level of skill, knowledge, and care that other reasonably careful [insert type of nurses] would use in similar circumstances based only on the testimony of the expert witnesses [including [name of defendant]] who have testified in this case.]

Directions for Use

The appropriate level of nurse should be inserted where indicated—i.e., registered nurse, licensed vocational nurse, nurse practitioner: "Today's nurses are held to strict professional standards of knowledge and performance, although there are still varying levels of competence relating to education and experience." (Fraijo v. Hartland Hospital (1979) 99 Cal.App.3d 331, 342 [160 Cal.Rptr. 246].)

The second paragraph should be used except in cases where the court determines that expert testimony is not necessary to establish the standard of care.

Sources and Authority

"The adequacy of a nurse's performance is tested with reference to the performance of the other nurses, just as is the case with doctors." (Fraijo, supra, 99 Cal.App.3d at p. 341.)

Courts have held that "a nurse's conduct must not be measured by the standard of care required of a physician or surgeon, but by that of other nurses in the same or similar locality and under similar circumstances." (Alef v. Alta Bates Hospital (1992) 5 Cal.App.4th 208, 215 [6 Cal.Rptr.2d 900].)

The jury should not be instructed that the standard of care for a nurse practitioner must be measured by the standard of care for a physician or surgeon when the nurse is examining a patient or making a iagnosis. (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 150 [211 Cal.Rptr. 368, 695 P.2d 665].) Courts have observed that nurses are trained, "but to a lesser degree than a physician, in the recognition of the symptoms of diseases and injuries." (Cooper v. National Motor Bearing Co. (1955) 136 Cal.App.2d 229, 238 [288 P.2d 581].)

Secondary Sources

6 Witkin, Summary of California Law (9th ed. 1988) Torts, § 804, p. 155

California Tort Guide (Cont.Ed.Bar 1996) § 9.52

36 California Forms of Pleading and Practice, Ch. 414, Physicians and Other Medical Personnel (Matthew Bender)

17 California Points and Authorities, Ch. 175, Physicians and Surgeons (Matthew Bender)

(Revised October 2004)