The plaintiff, however, has a burden of proof prior to any other technical issues. In addition, because of the nature of the allegation, and the fact that normal members of a jury or judge cannot be expected to understand complext medical terms and procedures, expert witnesses are typically called -- usually for both sides (Uribe, 1999). In the United States, there have been several cases that have set international precedence

This wrong doing is in violation of the ethical obligation of nurses to advocate on behalf patients in order to ensure their well-being. If a patient is injured due to this kind of mistreatment, the hospital is liable, and the nurse may receive discipline, possibly suspension. However, the plaintiff (the patient) may also choose to file a law suit against the individual nurse as well (Giordano, 2003). Another example would

Healthcare (Nursing) Malpractice and Negligence: According to findings by the National Practitioner Data Bank, many nurses are increasingly being involved in malpractice and negligence lawsuits (Croke, 2003). These charges against nurses are likely to occur from any failure to act or an action that may lead to patient injury. In most cases, malpractice and negligence is associated with an accidental failure to comply with a standard of clinical practice. As a

Responsibilities of Nurses to Patients Why is it important The role of nurses has a direct implication on the patients. For example, nurses observe and provide direct care to the patients. The physicians give orders and thus are the role of the nurses to implement (Aiken et al., 2014). Often, the work of the physicians is not complete without the help of the nurses. The nurses are responsible for changing clothes and

Malpractice in Advanced Nursing Practice A CLOSER LOOK Legal/Ethical Principles When nurses pursued independent practice outside hospitals, the law supported their bid to breach traditional roles (Kjervik & Brous, 2013). This phenomenon was described as a form of "growing militancy" that refused to stay under the dominion of medicine (Baer, 1993 as qtd in Kjervik and Brous). Ethics supported the accompanying empowerment of the militant act as in expressing autonomy in practice, beneficence

Malpractice cases are not filed against physicians alone, there can be occasions during regular patient care that a nurse might come under attack for failure to follow standards of care and this can result in a malpractice case. The six elements on malpractice as are follows: Duty: This refers to the relationship that the nurse has with the patient or in other words, it needs to be established that the nurse has