MN 506 Case study. GroupC. Unit 7-3.docx

Then the consent form should not have been witnessed

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then the consent form should not have been witnessed by the nurse Parties Involved and who is Liable The legal perspective of healthcare practice is not restricted to the behavior of physicians and nurse practitioners. It includes anyone involved in the care of the patient and their surroundings. Any number of individuals can be parties on either side of a lawsuit. This could range from nurses, housekeeping to certified nursing assistance (CNA). In court procedures, the individual who files the lawsuit is called the plaintiff. Anyone who has a standing can file a lawsuit. Standing refers to the plaintiff showing proof that injury was due to the actions of the defendant ( Waldman, 2014) . The individual being sued is called the defendant. Lawsuits can be distinguished under a common name, in this instance, Caring Memorial Hospital. The parties involved in this case scenario includes: Caring Memorial Hospital, Mrs. Wilma Carpenter (deceased patient), Mr . Howard Carpenter (husband of deceased patient), Richard Washington, MD (orthopedic surgeon), Judy Gouda (Nurse Practitioner), Joseph Alsoff (Licensed Practical Nurse, LPN), Kelly Wheeler (post-operative RN), Mrs. Scale (nursing supervisor), Elizabeth Adelman (recovery RN), David Casler (respiratory therapist), Susan Post (risk manager), Amy Green (quality assurance) and Michael Parks (education coordinator). Mr. Carpenter is the spouse and representative on behalf of Mrs. Carpenter. He is filing a wrongful death claim because he believes his wife death is due to the legal responsibility of the staff at Caring Memorial Hospital. Wrongful death can be created against many parties involved. In this case Elizabeth, Kelly, Joseph, Amy, Susan and Michael could be accountable for their individual liability issues in Mrs. Carpenter wrongful death lawsuit.
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CASE STUDY II 10 Defenses of the parties Medical negligence lawsuit has affected the practice of medicine in all areas and has increased the expenditure of health care in the entire United States because of the direct expense of lawsuit, increasing negligence, and practice of defensive medicine. The defenses of the wrongful death of Mrs. Carpenter were the hospital and all staff members who were involved with the care of the patient. In this case, even though the plaintiff has established that the defendant owing an obligation to the plaintiff, infringed that duty, and proximately caused the plaintiff’s damage, the defendant can still increase defenses that decrease or eliminate accountability. There are two defenses that applied in this case which include contributory negligence and assumption of risk. Contributory negligence usually, more than one person has acted negligence to make and injury. Where in this case there were several parties or staff members who were involved in the case.
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  • Spring '17
  • Dr Smith
  • Nursing, Medical malpractice, Registered nurse, Mr. Howard Carpenter

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