Nysha Moore
Negligent Drug Overdose
1. Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur.
Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to prove all 3 elements in order to shift the blame to the defendant.
First, the defendant must prove that the event would not normally have occurred in the absence of negligence. Second, the defendant must have had exclusive control over the instrumentality that caused the injury. Finally, the plaintiff must be able to prove that they did not contribute to the injury (Pozgar & Santucci, 2015, p. 156, para. 12). In this case, the plaintiff, Harder needed to provide provisional evidence to prove that it was the defendant’s negligence that resulted in Kayser’s injury of gangrene and leg amputation. After Harder has demonstrated the elements vital …show more content…
They would cover the requirements of standard of care. I would also implement different committees throughout the healthcare facility to do patient monitoring and observation. Failure to monitor vital signs, delays in monitoring fetus, delay in reporting patient’s conditions, delay in treatment, and discovering defective monitoring equipment are all possible ways to display negligence among patients. After attending the different programs, the employees will have to take assessments proving that they learned to important factors that were discussed and covered. These implementations are to assure employees are well qualified and that the environment is safe for all
Negligent Drug Overdose
1. Describe the elements that the plaintiff’s attorney had to establish under the doctrine of res ipsa loquitur.
Res ipsa loquitur is a legal doctrine that shifts the burden of proof in a negligence case from the plaintiff to the defendant (Pozgar & Santucci, 2015, p. 156, para. 12). The American translation is “the thing speaks for itself” (Pozgar & Santucci, 2015, p. 156, para. 12). Under the doctrine of res ipsa loquitur, the plaintiff must be able to prove all 3 elements in order to shift the blame to the defendant.
First, the defendant must prove that the event would not normally have occurred in the absence of negligence. Second, the defendant must have had exclusive control over the instrumentality that caused the injury. Finally, the plaintiff must be able to prove that they did not contribute to the injury (Pozgar & Santucci, 2015, p. 156, para. 12). In this case, the plaintiff, Harder needed to provide provisional evidence to prove that it was the defendant’s negligence that resulted in Kayser’s injury of gangrene and leg amputation. After Harder has demonstrated the elements vital …show more content…
They would cover the requirements of standard of care. I would also implement different committees throughout the healthcare facility to do patient monitoring and observation. Failure to monitor vital signs, delays in monitoring fetus, delay in reporting patient’s conditions, delay in treatment, and discovering defective monitoring equipment are all possible ways to display negligence among patients. After attending the different programs, the employees will have to take assessments proving that they learned to important factors that were discussed and covered. These implementations are to assure employees are well qualified and that the environment is safe for all