Can the RN first assistant be held liable for patient injury?

In summary, if an action of the RN first assistant causes a patient injury, both the primary surgeon and the RN first assistant could be liable. The primary surgeon could be liable for failure to see that the operation was performed with due care. At least one state appellate court has found that this is a nondelegable duty of the primary surgeon. The RN first assistant could be liable if the action that caused the patient injury was not in accordance with what a reasonable and prudent first assistant would have done. If first assisting is included within the scope of nursing practice by rule or statute in that state, the RN first assistant action could be measured against what an RN first assistant would have done, even though first assisting has traditionally been a physician's role. The fact that first assisting may be within the scope of nursing practice for some procedures and patient conditions does not mean the nurse should be allowed to assist on all procedures or in all patient conditions. The institution may have an independent duty to its patients to determine which patient procedures and conditions are appropriate for an RN first assistant.