N108: Transition to the Registered Professional Nurse

N108: Transition to the Registered Professional Nurse Role Study Guide 2.7 The Legal Process of a Lawsuit A lawsuit is a judicial process that primarily functions to settle disputes peacefully and in accordance with the law. The statutory limit for litigation in many states is seven years from the time of discovery. In the case of a minor, it is seven years from the age of majority, which is 21 (21+7). A complaint is a document filed by a person who claims that his or her legal rights have been violated. The following is a simplified listing of how a conflict becomes a case law: • Two parties are in conflict, and if they cannot compromise, one may… • File a lawsuit; the filer becomes the plaintiff. • The other person is called the defendant, who is named as the party who has infringed on the rights of another. • Discovery begins: This is the process of exchanging information, interrogatories, depositions, and data gathering by both parties before trial. • Distributive justice: This is the fair distribution of burdens and benefits among all individuals. • A trial date is set. • The potential jury is called and selected after questioning. • Lawyers for both sides make an opening statement. • Each side calls expert witnesses and present supporting evidence. • Lawyers for both sides make closing arguments. • The jury deliberates and returns a verdict. • And then, the following may occur: o Lawyers file motions o The case is appealed o An appellate judge makes a final decision on the case. Nurses may be called as an expert witness in legal cases. The jury is not familiar with the standard of care in nursing. A nurse expert will examine the facts of the case then testify to their opinion on whether the standard of care was breached. An expert witness is a person who has specialized training, education, and experience in a particular area or specialty. A witness to fact is a person who is called on to validate the facts in the lawsuit. The nurse can protect himself or herself by doing the following: write clear, concise facts or information that needs to be reported, be credible, and obtain confidential support from one other trusted person before submitting the report. They should also sign their name and assume responsibility for following through during the investigation. 2.8 Standards of Nursing Care The four broad aims of nursing practice are promotion of health, prevention of illness, restoring health, and to facilitate coping with disability or death. Standards measure quality of nursing practice, patient care, patient outcome, and nursing performance. Standards of Nursing Care are a set of guidelines for providing high quality nursing care and criteria for evaluating care. The American Nursing Association (ANA) role is to develop and disseminate

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