Question

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?

How do statutes of limitations protect professional nurse-defendants? Do they also protect the injured parties?

What can staff nurses do to protect patients from quasi-intentional torts? Does this differ from the nurse manager's role in preventing quasi-intentional torts?

Answer 1

1). A plaintiff is a person, which claim to have been harmed by a defendant. To prove the malpractice or negligence, the plaintiff has to prove the four elements of negligence:

1. Duty – A proof showing that the defendant (healthcare professional) owned the plaintiff a duty of care
2. Dereliction - The proof showing the failure of the defendant to exercise the particular legal obligation
3. Injury - Injury caused to the patient due to the professional negligence
4. Direct cause – Proof showing that the injury was a direct result of defendant’s action or inactions

2). In order to refuse a plaintiff's evidence, the defendant can present the intervening cause, the assumption of a risk, contributory and comparative negligence.