The Definitions Of Malpractice And Malpractice

1029 Words Sep 25th, 2014 5 Pages
In unit 9 the main components that will be utilized are the definitions of malpractice, how to prepare for court as a defendant, as well as what pieces of a trial consist of. Also there will be a component discussing compensatory negligence.
Liability issues
Parties involved and who should be sued Defenses of the parties
Documents used by the Plaintiff’s side will ask for and how they will be used Standards of care
Duty, breach, damages, and proximate cause Insurance issues
Risk management issues before and after the incident Documentation and mandatory reporting
Who should write the incident report and what should it say? The doctrine of Respondeat Superior and how it would apply The issues surrounding informed consent
Preparation for court of the parties
Proving malpractice occurred can be difficult. For instance in case study one, there are several things that might constitute malpractice but there are also such issues as informed consent and the acknowledgement that not all adverse events are caused by malpractice.
Despite what may be a common societal belief, not all unexpected, unintended, or even undesired medical results can be attributed to the fault of a healthcare provider. The law identifies that much of nursing care requires clinical judgment. Therefore, a patient must prove four requisite elements to establish a malpractice case.
First, the patient must establish that there was a nurse-patient relationship (Giordano, 2003). It is out of the nurse-patient…

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