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Judicial Process Essay Example

Part One:

(A) Read over the three tests for constitutionality of religious issues addressed in the textbook. Which one of the three tests do you think is the most appropriate to determine if an organized pre-game prayer by a public high school basketball team in its locker room would be successfully challenged?

(B) Would there be any difference if the pregame prayer was made over the loudspeaker before the game?

Part Two:
How would a rule that demands all football coaches in a particular state must have played organized team football be challenged?

Answer forum question-Sample Solution

Introduction to Law and the Judicial Process

Introduction

Nursing relies on statutory law and regulations for its functions, mandate and existence. Each nurse has obligations to perform the duty of care and act within set regulations and guidelines. Negligence is identified as medical malpractice, with implications against the defendant. Within healthcare, negligence is the failure to take the care that a reasonable nurse in similar circumstances would have taken (Grant, 2017). The judicial system relies on the proof of negligence, and defense of the nursing professional to determine if an act is of negligence. With the set mandates in place, it is imperative to understand the laws, regulations, and obligations that guide on the interaction between the nurse and the judicial process on negligence and other medical malpractices.(Judicial Process Essay Example)

Evidence and Defenses for a Negligent Act

To proof for negligence, the plaintiff has the burden of showing that the defendant did not act as a reasonable person would have acted under the circumstances (Guido, 2014). Hence, the plaintiff has to prove the duty of care. The plaintiff shows that he/she relied on the nurse’s professional capabilities. Secondly, the plaintiff has to prove the breach of the standard of care. The court determines the limits of reasonable nursing care, what’s expected of the nurse compared to the actions of the nurse (Painter et al., 2011). Third, the plaintiff has to prove that the negligent act caused harm. The harm has to be a direct consequence of the negligence for the case to be considered.(Judicial Process Essay Example)

In defense, the practitioner has to show that the actions were of a reasonable and prudent professional per the circumstances (Guido, 2014). Elaborating on the actions and the rationale in the circumstances can be considered as a viable defense. Secondly, the defendant can also argue that the actions were as a result of an error in judgment. The court may weigh the circumstances and consider the act as an error in judgment with no criminal implications. Besides, each defendant can also highlight contributory negligence. In this, the plaintiff is partially or fully responsible for the harm suffered (Guido, 2014). In such a case, the damage awards will be significantly reduced, but the professional will still be held liable for negligence.(Judicial Process Essay Example)

Statutes of Limitations

Most states have statutes of limitations frameworks to limit the time in which a plaintiff can file an action for negligence or malpractice. Designed with the intent of promoting fairness, most states have set the limitations at 2 or 3 years within which the injured party can file for negligence in court (Oviedo, 2016). There are exceptions for the time limit for minors and or the patient would have reasonably known basis. The limitations protect the defendant from arising cases that may not be as a result of the actions of the nurse. The limitations also protect the injured person by ensuring the evidence from memory can be admissible in court. The statutory limit also guides injured persons on how to arrange or plan for care.(Judicial Process Essay Example)

Nurses’ role in Quasi-intentional torts

Quasi-intentional torts include defamation and invasion of privacy. In both cases, staff nurses are in a position to protect the patient as they are the primary point of contact. Nurses should apply frameworks to protect the privacy of the patient by not sharing pictures or photos of the patient or communicating any information on the patient to relatives and friends before the patient authorizes (Guido, 2014). This involves verifying callers or inquirers.

Furthermore, on defamation, the nurse has to ensure that the information recorded in charts and entries is accurate and verifiable (Guido, 2014). Correct documentation will protect the reputation of the patient and ensure better outcomes. The role of the staff differs slightly from the nurse manager as they interact directly with the patient and play a more central role in the documentation and dissemination of information on the patient.(Judicial Process Essay Example)

Case Study 1, Pg. 67

Documentation is one of the critical roles of nurses. The nurse’s failure to document an admission nursing assessment equates to no admission nursing assessment. Failure to document is one of the categories of negligence liable to malpractice. The patient’s attorney has the duty of proving that the nurse breached the standards of care. The report has to show that the nurse failed to meet what’s expected of a competent and prudent nurse. Also, the supplemental report, the patient’s attorney would cite duty of care as the patient relied on the nurse’s expertise and knowledge to determine the criticality of the case and act in a manner that a nursing professional would act. By proving this, the patient would show that the nurse’s action led to direct harm to the patient.(Judicial Process Essay Example)

In this case, the standards of care can be determined by state nurse practice law, establishing the published standards by organizations and specialty practice groups, the federal guidelines and regulations, the facility’s policy and procedure manuals (Painter et al., 2011). The nursing expert will then determine the applicability of standards, and if the nurse’s actions were in adherence to set guidelines (Baskaran, Kokilavani, & Sekar, 2018). To conclude the breach of standards of care, the specific articles have to be identified and considered by the court as evidence. My verdict, in this case, would be based on the presence or absence of negligence by the nurse to the patient. By failing to document or advocate for the patient, the nurse failed to act competently and prudently and is liable for the outcomes.(Judicial Process Essay Example)

Case Study 2

Every surgical procedure involves proper preparation and understanding of the need to take the necessary action as directed by the surgeon of the day. In this case, the attending surgeon leaves the operating area, an act not recommended in delicate operation situations. A registered nurse inserts a Foley catheter with an inflatable retention bulb into the patient’s bladder, a procedure not scripted by the attending surgeon who ordered an in-and-out catheterization. The second nurse acts according to instructions given and goes ahead to inflate the bulb while still in the patient’s urethra. These actions provide a clear indication of negligence within the whole healthcare setting. The attending surgeon, the registered nurses, and the entire acute care setting are liable to negligence since each of them has a responsibility towards the patient.(Judicial Process Essay Example)

Exemplary damages should be assessed in that there is a presence of professional misconduct and malicious procedure by the attending surgeon and nurses, respectively (Guido, 2014). In this case, the attending doctor acts unprofessionally by leaving the operating area while the nurses’ go-ahead to perform procedures not given by the surgeon. Emotional damages might as well be compensated as there is apparent physical injury to the patient (Guido, 2014). The tear in the urethra results from subsequent inflammation of the catheter tube. The attending surgeon in response performs a second catheterization on the patient unsuccessfully.(Judicial Process Essay Example)

With the nursing staff having a role to play in the patient’s surgery, each of them has to be assessed differently. Harm to a patient is 100 percent, and one’s portion calculated of the total percentage. Total damages are multiplied against an individual’s rate of injury inflicted on the patient. This technique is useful in holding every participant accountable. Doctrines of Res ipsa loquitur dictate that negligence is proven without evidence as long as the injury gets inflicted on a plaintiff (Guido, 2014). The plaintiff may show no physical signs of feeling pain, but then wrongdoers are held responsible with little focus on who was responsible. In deciding this case, the attending doctor, the nurses, and the acute care setting are held accountable.(Judicial Process Essay Example)

Case Study 3

The patient suffered second-degree burns on her face, which left permanent scars and reduced her vision. The harm and trauma caused to the patient are liable for damages for negligence as the patient got harmed and got permanently scarred. The case is of collective liability as both the nurse anesthetist and the surgeon were handling the equipment that eventually led to harm. The surgeon’s role was to ensure the surgery as conducted safely, and the procedures undertaken do not harm the patient. The nurse anesthetist’s role was to administer anesthesia and monitor the patient during the surgery (Frank, & Danks, 2019). The nurse would have determined that the risk and acted appropriately.(Judicial Process Essay Example)

Bovie manufacturer should also have been included in the suit. In this, the plaintiff would have argued that the incident might have been the cause of the action of the fire. The claim may be based on negligence. However, if the manufacturer already had a warning on the potential danger of using the equipment, then the learned intermediary rule applies, and the manufacturer is not liable for the damages(Judicial Process Essay Example). The defense could cite errors in judgment. In this, the defendant could prove to the court that the incident was as a result of an error in judgment rather than failing to act reasonably and prudently in the circumstances. If the proof is determined, the court may find that there was no negligence and mitigate the liability to the patient. In determining the damage awards, the court should account for the effect the incident had on the patient. This includes implications such as reduced vision, which could affect the patient’s ability to work, the permanent scar and its lifelong effect on the patient, and the degree of trauma caused by the patient.(Judicial Process Essay Example)

Conclusion

The discussions help to understand the judicial processes linked to nursing practice, laws, and the implications. One of the critical focus areas is negligence, with the discussions highlighting the evidence and defenses for both the plaintiff and the defendant. As a nursing professional, some of the key lessons besides understanding laws and regulations, include documentation, patient-advocacy, and acting within set mandates and regulations. The discussions also inform on the frameworks present to guide the nurse when sued and the importance of succinctly applying the law in any case scenario. As a nurse, one has to act competently and prudently and provide care in a responsible and reasonable approach. (Judicial Process Essay Example)

References

Baskaran, M., Kokilavani, N., & Sekar, U. (2018). Strategies for reducing the risk of nursing malpractice/negligence-An over review. TNNMC Journal of Nursing Education and Administration, 6(2), 42-47.(Judicial Process Essay Example)

Frank, L., & Danks, J. (2019). Paranesthesia Nursing Malpractice: Reducing the Risk of Litigation. Journal of Paranesthesia Nursing, 34(3), 463-468.(Judicial Process Essay Example)

Grant, P. D. (2017). Nursing Malpractice/Negligence and Liability. Law for Nurse Leaders, 51.(Judicial Process Essay Example)

Guido, G. W. (2014). Legal and ethical issues in nursing (6th Ed.). Upper Saddle River: Pearson.(Judicial Process Essay Example)

Oviedo, A. D. (2016). Use of jurisprudence to teach professional negligence. Journal of Nursing Education, 55(12), 720-720.

Painter, L. M., Dudjak, L. A., Kidwell, K. M., Simmons, R. L., & Kidwell, R. P. (2011). The nurse’s role in the causation of compensable injury. Journal of Nursing Care Quality, 26 (4), 311–319.(Judicial Process Essay Example)

https://www.ncbi.nlm.nih.gov/