Legal Counts

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LNCtips.com: Legal Counts


In Nursing, a Count refers to an action requiring the nurse to add up a number of objects, such as needles and sponges in the OR. In law, a Count means something very different. You've probably heard this legal term. But what does it mean? Let's find out.

The first type of Count is one you probably already know. In criminal cases, each count alleges a different crime. For example, a person accused of shooting and killing two people could be charged with two counts of murder and two counts of armed criminal action. Statements identifying probable cause must support each count.

In state civil cases, a Complaint is the document that initiates a medical malpractice case. In the Complaint, each count identifies negligence by every individual that contributed to the alleged negligence. For example, a simple medical malpractice case might identify one physician whose alleged actions caused harm to the patient. In complex medical malpractice cases, there can be multiple counts identifying numerous individuals. For example, in the case of an infant in a neonatal ICU who develops an intracranial hemorrhage, the Complaint might name each neonatologist and nurse that contributed to the alleged negligence. Such negligence might include failure to recognize and treat the hemorrhage in a timely manner. The complaint would also identify the hospital and the employer of each neonatologist for vicarious liability for the actions of their employees. If there were a total of seven individuals and entities identified in the Complaint, it would list seven counts, one for each person and employer.

There are variations of the term "Count," depending on the state. In some states, a count is called a cause of action in the Complaint. However, no matter how the Complaint is structured, there are always statements identifying and supporting the allegations of negligence.

As you can see, legal counts are very different from nursing counts. And unlike nursing counts, legal counts don't refer to tallying up sponges or needles.

...Katy Jones