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

Under common law regulation of contributory

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Under common law regulation of contributory negligence; a plaintiff whose own negligence was a contributing cause of her injury was barred from recovering from a negligent defendant ( De Mot, 2013) . In addition, another negligence that applied to the wrongful death of Mrs. Carpenter was an assumption of risk. In the assumption of risk defense, a suspect can avoid accountability for his/her negligence by creating that the plaintiff voluntary agreed to encounter an identified danger made by the defendant’s malpractice. Assumption of risk may be express or implied. In express assumption of risk, individuals agree in advance that one individual consents to accept the risk of the other’s negligence ( Clout, 2012). For example, in this case the physician explained to the patient the risks and benefits of the surgery and Mrs. Carpenter agreed to the procedure and signed the consent. Who should write the incident report
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CASE STUDY II 11 Writing an incident report is the duty of the entire members. Incident reports are used to communicate information to other persons and to record important proceedings within individual reports and as mandated by state standards. Thus, it is very important for the content of the incident report to reflect well-defined information in a truthful, unbiased method to prevent passing along views and judgments. A person who write the incident report must prof-read the reports that they have written before presenting them to ensure that they are readable, have been done correctly and that report accurately states what the author has intended to express   (Reznek, Kotkowski, Arce, Jepson, Bird, Darling, 2015) . In incident report it should document unusual and important happenings or crises relating to persons who accept services or care; for instance, the imminent death of Mrs. Carpenter. In addition, incident report must include a line about general nature of the incident, provide the basic facts, start the report as soon as possible, write a first person narrative telling what happened, and it should be thorough. Every part of segments of the report should be done and avoid leaving blanks. The incident reports are lawful documents that may be viewed by the individual, his/her caretaker, designee or lawful representative and may be used by judges. Be certain to utilize the full name of staff or providers when referencing them in a report; initials of staff or providers are not sufficient ( Williams, 2015).   The Doctrine of Respondent How it applies According to Burns (2011) the common-law doctrine of respondent superior is a rule of law declaring that the employer of a negligent defendant is also responsible for the defendant’s action. The statement respondent superior means, “let the master answer”, and the rule of respondent superior is also known as the “master-servant” rule. Respondent superior is a form of
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CASE STUDY II 12 vicarious liability, which allows a third party to be held liable for a defendant’s negligence in some cases, even if the third party was not there when the injury happened.
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  • Spring '17
  • Dr Smith
  • Nursing, Medical malpractice, Registered nurse, Mr. Howard Carpenter

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