Author Question: The parents of a toddler who dies after being brought to the ER launch a lawsuit, claiming that the ... (Read 6 times)

future617RT · **on:** Jul 8, 2018

The parents of a toddler who dies after being brought to the ER launch a lawsuit, claiming that the failure of nurses to pursue concerns related to their son's deteriorating condition contributed to his death.

The senior nurse executive is named in the suit:

a. As a global respondent.
b. Under the doctrine of respondeat superior.
c. As a frivolous action.
d. Under the element of causation.

Question 2

A nurse on your inpatient psychiatric unit is found to have made sexually explicit remarks toward a patient with a previous history of sexual abuse. The patient sues, claiming malpractice. Which of the following conditions may not apply in this situation?

a. Injury
b. Causation
c. Breach of duty
d. Breach of duty of care owed

Kjones0604 · **Reply #1 on:** Jul 8, 2018

Answer to Question 1

ANS: B
Known as vicarious liability, the doctrine of respondeat superior makes employers accountable for the negligence of their employees, using the rationale that the employee could not have been in a position to have caused the wrongdoing unless hired by the employer.

Answer to Question 2

ANS: A
By virtue of employment, the nurse owes a duty of care to the patient; this care has been breached by a nurse, who would be expected to know that this behavior violates usual standards of care. The resultant injury, the fifth malpractice element, must be physical, not merely psychological or transient. In other words, some physical harm must be incurred by the patient before malpractice will be found against the healthcare provider, which is not evident in this situation where the action did not involve physical harm.