Section 24 Nurse as Expert Witness

• Library: Damages 2012

Nurses are less commonly used as expert damage witnesses in personal injury cases, but there are some items of damages about which a nurse is competent (and perhaps better qualified than a physician) to testify.

Medical personnel at all levels, including nurses, may be qualified to testify about matters within the limited and precise range of their medical specialties. Cebula v. Benoit, 652 S.W.2d 304, 308 (Mo. App. W.D. 1983). A registered nurse’s evaluation of the plaintiff and recommendation of a complete home health care program is within the scope of “professional nursing” as that term is defined in The Nursing Practice Act, §§ 335.011–335.099, RSMo 2000 and Supp. 2011. Professional nursing includes:

· “teaching of health care and the prevention of illness to the patient and his or her family;”

· performing a nursing diagnosis or nursing assessment, nursing care, and counseling patients;

· administration of medications and treatments as prescribed;

· coordinating and assisting in the delivery of a plan of health care for the patient with all members of the health team...