On the stand · 5 of 12

“MD aware.” What a lawyer asks about a notification note

MD aware.

Aware of what, and since when? It does not say who you reached, what you told them, or what they said back.

What they ask about it

It happened in court

Thomas v. Hardwick

Supreme Court of Nevada · 2010

The nurse's note said only “refusing to be admitted. M.D. aware.” At trial the gap was filled by the doctor's own dictated notes and his testimony about his routine practice, which the court allowed as habit evidence.

Dr. Hardwick sees thousands of patients each year and could not recall Mr. Thomas specifically. Based on his dictated chart notes and customary practice in treating chest pain patients, Dr. Hardwick testified that he urged Mr. Thomas to be admitted for observation and testing but he refused. An attending nurse gave similar testimony about her handwritten chart notes, which said the patient was "refusing to be admitted. M.D. aware."

Malone v. Foster

Texas Court of Appeals, 5th District (Dallas) · 1997

A fall note ended “MD notified.” and did not say why the patient fell, so the nurse could only testify to her normal practice. The judgment for the defense was affirmed on other grounds.

Cha-son testified that her normal practice when a patient fell would be to ask the patient what had happened and write down the reason. Chason testified that if Malone had told her why he fell, she would have noted the reason on both the chart and the patient occurrence report.

Write instead

14:01: Urgent page placed through hospital operator to Dr. Patel, covering physician. Message included new confusion, BP 86/50, HR 124, RR 30, and SpO2 88% on room air; requested immediate bedside evaluation and callback to unit number. 14:03: No callback received.

Record any phone call to a physician, including the exact time, message, and response

Source: NSO: Do's and Don'ts of Documentation

Don’t chart “I left a message.” Nurses have a duty to advocate for the patient. If you do not hear from the doctor, you have to call back, or call another doctor or ask your supervisor what to do.

Source: The Health Law Firm: 25 Legal Dos and Don'ts of Nursing Documentation

What to chart when the provider does not call back

Already charted it this way?

Not legal advice. Your facility policy, your state and your own attorney are what bind you. Every question and every quote here links to where it was published; read the source, not us. Written by a med-surg RN, ten years, day shift. Why there is no name on it.