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Medical Malpractice

Sermchief v. Gonzales, 660 S.W.2d 683 (Mo. 1983)

Who were the plaintiffs?

What are they seeking?

What legal remedy were they seeking against the board?

Why do the physicians have standing?

What does the agency do?

How is the agency funded? What does this tell us about their clientele?

What are the special qualifications of the nurses?

Who are the respondents?

What type of services were the nurses providing that the BOM did not like?

How did the nurses know whether the patient had a condition that would require physician intervention?

What are these standing orders and protocols?

What was the Board threatening?

Who did the nurses call as witnesses?

Who did the BOM call?

How did the testimony split between the nurses and the physicians?

What were the 2 questions for the court to resolve?

What did the trial court do with the offers to prove that the conduct of the nurses was appropriate?

What were the controverted findings of fact?

What issue has to be decided by the court?

Why did the trial court find for the BOM?

What is Murphy's law in MO? (Standard for reversing a case on appeal.)

How did the SC slam the tc's opinion?

Why did the SC reject the "credibility" finding of the trial court?

How did the court characterize the amicus briefs in the case?

What did they do with the letters?

What is an amicus brief?

Why was there so much interest in this case? (Turf war between nurses, docs using nurses, and docs not using nurses.)

What was the working defination of practice of nursing?

What did the parties want?

Does the court oblige them? Why not?

Statutory construction standards

What is the significance of an amended statute?

What is the gestalt rule?

What intent did the court find in the redrafting of the nursing practice act?

What were the most obvious changes?

Does the court mean that nurses can set up offices and do these things on their own?

Why does the court read standing orders and protocols into the statute?

How does the court distinguish a nursing from a medical diagnosis?

What should the nurse do when the condition is beyond her/his knowledge or protocols?

What did the court hold?

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