Describe the kinds of evidence that a plaintiff can present in order to establish a negligent act. What defenses can a defendant present in order to refute a plaintiff’s evidence?

In regards to the first prompt, a plaintiff can present various kinds of evidence to establish a negligent act, including medical records, witness testimonies, expert opinions, and any relevant documents or reports. A defendant can present defenses such as contributory negligence, assumption of risk, or lack of causation to refute the plaintiff’s evidence.

Regarding the second prompt, statutes of limitations protect professional nurse-defendants by limiting the time period during which a plaintiff can file a lawsuit. It also protects injured parties by ensuring that they file a lawsuit within a reasonable time frame. Staff nurses can protect patients from quasi-intentional torts by following proper ethical and professional standards, providing adequate care, and reporting any incidents or concerns. Nurse managers can also prevent quasi-intentional torts by providing education, training, and supervision to staff nurses.

As for the third prompt, failure to document an admission nursing assessment does not necessarily mean that the nurse did not conduct an assessment. The patient’s attorney could further allege issues such as negligence, malpractice, or breach of duty. To determine the standard of care for the patient, one must consider various factors, including the patient’s condition, medical history, and accepted medical practices. The outcome of the case would depend on the evidence presented and the legal standards applied.

For the fourth prompt, the issue of negligence and liability would depend on various factors such as the standard of care, the actions of the individuals involved, and any relevant laws or regulations. Damages should be assessed based on factors such as the severity of harm, the cost of treatment, and any long-term effects. To determine the percentage of liability for multiple defendants, one must consider their actions and level of involvement in the incident.

Regarding the fifth prompt, damages should be paid to the patient if there was negligence involved in their care. Responsibility for the damages would depend on the actions of the individuals involved and any relevant laws or regulations. The Bovie manufacturer could be included in the lawsuit if their product was found to be defective or contributed to the patient’s harm. Defendants could cite defenses such as comparative negligence or assumption of risk to mitigate their liability. The court would decide the damage awards based on the evidence presented and any relevant legal standards.

Overall, these prompts touch on various aspects of professional liability and negligence in healthcare. It is important for healthcare professionals to be aware of these issues and take appropriate measures to prevent harm to patients and minimize legal risks.