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Weingarten Rights

 Weingarten Rights 

How & Why to File a “Disclaimer”

 A “disclaimer from liability” is the document that you can file when you feel that you are being asked to practice in circumstances that are not adequate or appropriate for safe practice of patient care. A “disclaimer” will not protect you in court if you have not practiced according to your Nurse Practice Act or have been negligent. HOWEVER, it does provide a paper trail of the chain of events that occurred if an incident does arise. In such a case, you would then have the “disclaimer” to refer to in order to substantiate that you did call management to tell them that the conditions were not conducive to safe and effective patient care.

If the situation warrants it, follow the procedure outlined below to file a “disclaimer” and then practice to the best of your ability under the circumstances.

To file:

1. Assess your assignment.

2. If you are uncomfortable, notify your charge nurse, manager or supervisor and explain your situation.

3. If changes are not made and no help is sent, respectfully advise your supervisor that you are uncomfortable with the situation and will be filing a “disclaimer from liability.”

4. Be advised - Management won’t like it! A chain of responsibility is established. Managers will usually try to talk you out of it by saying the disclaimer doesn’t make a difference. Do it anyway - it will be on record should you end up in court.

5. The “disclaimer” form can be filled out when you get a chance - DO NOT take time away from patient care to fill it out right then and there. They are available on the forms tab, there is an online and a printable from.

6. Keep a copy, send a copy to the nursing office, and send a copy to your delegate, who will then send a copy to the CHCA office.

7. If management wants to talk to you about it, bring a delegate.

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