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 plaintiffs 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 managers role in preventing quasi-intentional torts?
Read the case study presented at the end of Chapter 5 (Guido, p. 67).
Does the failure to document an admission nursing assessment equate with the fact that this nurse did no admission nursing assessment?
What might the patients attorney further allege in his supplemental report?
How would one decide the standard of care for this patient?
How would you decide the outcome of this case?
Read the case study presented at the end of Chapter 6 (Guido, p. 96)
Was there negligence in this case and who should be liable for the negligence?
What type of damages should be assessed and how would you begin to determine the amount to assess?
Given that there were multiple individuals involved in this case as well as the institution that employed these individuals, how would you determine the percentage of liability for the multiple defendants, assuming that more than one defendant should be assessed with damages?
How would you decide this case?
Read the case study presented at the end of Chapter 7(Guido, p. 115)
Were there damages that should be paid to this patient for negligence?
Who should be the individuals responsible for these damages? For example, is the surgeon the individual most liable for the damages owed to the patient?
Should the Bovie manufacturer also have been included in the lawsuit?
Are there any defenses that the defendants could cite that would mitigate their liability to this patient?
How should the court decide the damage awards in this instance?
Read the case study presented at the end of Chapter 9 (Guido, p. 185-186).
Did the lack of documentation in the admitting nurses assessment and notes affect the ultimate outcome of this case?
Was there negligence on the part of the nursing staff in the care of this patient?
What could the nurse have done differently to facilitate a different outcome in this case?
How would you decide this case?
Using the sample professional liability insurance policy (Guido, p. 193-194), locate the various provisions:Read the case study presented at the end of Chapter 10 (Guido, p. 198)
Limits of liability
Reservation of rights
Coverage conditions and supplementary payments
Did you have difficulty finding some of the sections? Would this be a policy that you would consider purchasing for your own liability coverage? Why or why not?
What provisions of an insurance policy would you consult to determine if an insurance company should pay such a claim, and what would the limits of the liability be?
Is the nursing home insurance company correct in saying that this is a professional judgment issue?
Which insurance company (the nursing homes or that of the administrator of the nursing home, assuming she has coverage) should pay the court-ordered judgment?
Was the physician neglectful in this case or does the responsibility lie primarily on the nurse?