What Are The Important Facts Of The Case?

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1. What are the important facts of the case?
There are multiple facts about this case that will be extremely important as the legal proceedings begin. The facts about the patient would include that he had been experiencing a headache for several days. In addition, it is noted the patient was exhibiting a number of signs and symptoms that would indicate the need for blood work, a CT of the head and a lumbar puncture for analysis of the cerebral spinal fluid.
The nurse assigned to the patient, Nurse Jackie, was a recent graduate nurse and this was her first time accepting solo patient responsibilities since being precepted just three days prior. Due to this, she was unable to recognize that the signs and symptoms the patient was displaying
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These symptoms were documented as not improving by the attending ER nurse prior to the patient being discharged.
Finally, approximately four hours after the patient was discharge home, they were rushed back via EMS and found to have a severe brain hemorrhage. The patient later died from this condition.
2. Are all the elements required in a negligence suit present?
The four elements that must be present for negligence to be proven are: 1) a duty to care, 2) breach duty, 3) an injury or damages suffered by the plaintiff, and 4) causation/proximate cause.
First, the duty to act is fairly simple to prove. The physician, Dr. James did have a duty to act since he was the physician on duty for the ER at the time the patient was admitted. The Emergency Medical Treatment and Labor Act of 1986 (EMTALA) states,
“EMTALA requires hospitals with emergency departments to provide a medical screening examination to any individual who comes to the emergency department and requests such an examination, and prohibits hospitals with emergency departments from refusing to examine or treat individuals with an emergency medical condition (EMC).” (Centers for Medicare and Medicaid Services, 2010) This act applies to all hospitals that are receiving Medicare. Do to the fact that Community Hospital receives Medicare funding, the ER physician representing that institution has a duty to act.
3. What standard of care is required?
The standard of
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