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Plaintiff Evidence and Defense

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Running Head: PLAINTIFF EVIDENCE AND DEFENSE 1
Plaintiff Evidence and Defense
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Plaintiff Evidence and Defense
An act of negligence in the nursing profession usually occurs when the nurses or medical
physicians involved in taking care of the patient fail in the effective execution of their mandate
due to a number of reasons. Some of these reasons include accidents, forgetfulness,
absentmindedness, lateness, or any other plausible reason. This act of negligence becomes a
criminal offense when it leads to some severe damages on the part of the patient, whereby he or
she suffers a big blow on their health, or worse off suffers a threat to their life. as such, these
situations arise because the health care providers fail in delivering their duties, or delay in the
executive performance of the mandates and objectives as pertains to the care and well being of
the patients under their observations (Burnard & Chapman, 2004).
A plaintiff can present a wide variety of evidence to the courts of justice in order to
establish a negligent act. this ranges from the injuries suffered during or due to the occurrence of
the act of negligence, or as well as the financial losses in monetary terms accrued as they try to

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PLAINTIFF EVIDENCE AND DEFENSE 2
reinstate themselves back to their original conditions before the occurrence of a negligent act.
For instance, a patient can present before the courts of a law a medical report detailing the
injuries, damages, as well as other medical complications that they suffered due to the
occurrence of a negligent act. In addition, the plaintiff can also present an examination of the
analysis and evaluation of the events before the occurrence of a negligent act. This evaluation
should establish that given injury or damage suffered by an individual took place solely due to
negligence. As such, had the nurses been keen with their health care delivery, these patients
would not suffer from such injuries, or fall for the damages (Guido, 2010).
On the other hand, a nurse or a practicing health care officer on the defense side can also
use a similar approach to prove to the jury that she or he was not responsible for the act of
negligence. The strategy in this case is to prove that the act or event that caused the damages and
injuries occurred accidentally, or because of the non-performance of the patient. For instance,
these medical practitioners can present to the jury a copy of their work sheet report, detailing the
activities they performed on the mentioned date when the act of negligence occurred. A scrutiny
of this detailed report should prove that the physician or health practitioner on the defense bar
performed all her duties, or his duties, as stipulated by the law, as well as, in accordance to the
nursing codes of ethics. This evaluation should also prove that the act that led to the claimed
injuries was either an accident or the fault of the patient, such as the patient’s disobedience of the
doctors directives of hospital rules and policies (Pozgar, 2013).
In conclusion, for an act to turn out to be due to negligence, it should be proven beyond
reasonable doubt that the persons involved refused or failed to perform their duties as expected,
and as such, led to the occurrence of the act. On the other hand, it should also be proven that the
act did not occur accidentally, or due to the snobbishness of the patient, such as their disregard of
the doctors’ prescriptions of hospital rules and regulations (Burnard & Chapman, 2004).

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Plaintiff Evidence and Defense Name Instructor Task Date Plaintiff Evidence and Defense An act of negligence in the nursing profession usually occurs when the nurses or medical physicians involved in taking care of the patient fail in the effective execution of their mandate due to a number of reasons. Some of these reasons include accidents, forgetfulness, absentmindedness, lateness, or any other plausible reason. This act of negligence becomes a criminal offense when it leads to some severe damages on the part of the patient, whereby he or she suffers a big blow on their health, or worse off suffers a threat to their life. as such, these situations arise because the health care providers fail in delivering their duties, or delay in the executive performance of the mandates and objectives as pertains to the care and well being of the patients under their observations ...
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