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Statue of Limitation - A nurse case

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Running Head: STATUE OF LIMITATION 1
Statue of Limitation
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Statue of Limitation
A statute of limitation protects a professional nurse, who is the defendant in this case, in a
number of ways. This is the prescribed limit of time legally in which filing of a lawsuit against
defendant by an injured party. As such, the types of statutes of limitation differ in accordance to
the type of legal claim under consideration, as well as, the state law. For instance, a number of
states demand that filing of a personal injury lawsuit takes place within the first year from the
occurrence, though others sometimes stretch it up to one year. In a similar, school of thought,
filing of claims based on a written contract in a court of law should take place within four years
from the day of the breach of the contract. As such, statutes of limitations rules apply to cases
filed in all the courts of legal justice, as well as, the federal courts (Burnard & Chapman, 2004).
A statue of limitation protects a professional nurse defendant himself or herself from a
claim especially when dealing with a court case. This protection comes in the sense that the law
demands filing of a court case within certain parameters of time. As such, if the plaintiff fails to

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STATUE OF LIMITATION 2
file a complaint against the professional nurse within the stipulated periods, then the nurses will
go scot-free without having any charges to answer. A nurse may face a legal suit owing to an act
of negligence, or malpractices while performing their professional duties and responsibilities, as
well as, unlawful claims from dissatisfied and disgruntled patients. These lawsuits affect the
strict performance and consistent discharge of duties by the professional nurse, who may even
face a discharge from their duties if found guilty of the charges placed upon them by the plaintiff
(Guido, 2010).
However, these statutes of limitations are more beneficial to the practicing nurses than to
the complainant or plaintiff. a nurse who makes a mistake, or commits a wrongful act while
undertaking their professional practice of nursing may fail to answer for the charges if due
procedures are not opened against him or her within the stipulated time on the statutes of
limitations. As such, it is as if these statutes of limitations protect nurses from answering to their
charges and crimes. This in return leaves out the complainant patients who fail to get reprieve for
their cases for failure of filing the lawsuit in good time. Nurses’ end up walking free for their
misdemeanor and malpractices committed while undertaking professional duties because of this
provision of law (Pozgar, 2013).
A good example of this form of injustice is the case of a rogue nurse who commits a lot
of crimes and malpractices such as negligence and fraud. For instance, if a person fails to file a
case against a rogue nurse within the stipulated periods of limitations, this does not mean that the
rogue nurse if cleared of all charges. On the contrary, it simply means that the rouge nurse has a
new slate to continue performing his or her illegal activities, which may jeopardize the lives of
more patients (Burnard & Chapman, 2004).

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Statue of Limitation Name Instructor Date Task Statue of Limitation A statute of limitation protects a professional nurse, who is the defendant in this case, in a number of ways. This is the prescribed limit of time legally in which filing of a lawsuit against defendant by an injured party. As such, the types of statutes of limitation differ in accordance to the type of legal claim under consideration, as well as, the state law. For instance, a number of states demand that filing of a personal injury lawsuit takes place within the first year from the occurrence, though others sometimes stretch it up to one year. In a similar, school of thought, filing of claims based on a written contract in a court of law should take place within four years from the day of the breach of the contract. As such, statutes of limitations rules apply to cases filed in all the courts of legal ...
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