Identify The Defendant And The Areas Of Negligence In This Case
QUESTION
Legal Case Rubric
Legal Case Rubric – 100 Points
Criteria Exemplary
Exceeds Expectations Advanced Meets
Expectations Intermediate
Needs Improvement Novice
Inadequate Total
Points
Identify defendant. Use of legal standards when analyzing potential medical malpractice: duty, breach of duty, causation, damages and negligence All components very well-demonstrated
30 points All components generally well demonstrated or some very well exhibited but not all elements included
26 points Components addressed to a more limited extent or some generally well described but others missing or minimally described
23 points Minimal discussion of each or many missing elements
20 points 30
Scholarly discussion of standard of care of the practice issues relevant to the case. If applicable differential diagnosis. Thinks critically about relationship of legal issues and standard of care.
30 points Generally discusses relationship of legal issues and standard of care.
26 points Limited discussion and critical thinking about relationship of legal issues and standard of care.
23 points No or minimal critical thinking apparent. Incomplete discussion about legal issues and standard of care.
20 points 30
Demonstrates synthesis of legal issues as they apply to personal professional practice. Describes complexity of legal issues as they apply to personal future practice
25 points Basically describes legal issues as they apply to personal future practice
22 points Does not clearly discuss legal issues as they apply to personal future practice
19 points Does not identify or discuss legal issues as they apply to personal future practice
17 points 25
Support prediction of case verdict with sound logic thread grounded by legal concepts Consistently & accurately uses synthesis & evaluation
5 points Generally uses synthesis and evaluation
4 points Sometimes uses synthesis and evaluation
3 points Inaccurately or minimally uses synthesis & evaluation
2 points 5
Professional Application Major elements of the paper are supported by evidence based articles/guidelines
5 points Elements only partially supported by evidence based articles/guidelines
4 points Poor quality or applicability of evidence based articles/guidelines
3 points Does not include evidence based reference
2 points 5
Technical aspects of paper: Grammar, spelling, Intelligible, Quality of writing/organization of paper; and use of APA Consistently demonstrates appropriate format
Easy to follow clear quality and organization of paper
5 points Generally demonstrates appropriate format
Mostly easy to follow quality and organization of paper
4 points Occasionally follows appropriate format lacks organization and clarity
3 points Rarely uses appropriate format
Ineffective organization and clarity
2 points 5
Total Points 100
Identify The Defendant And The Areas Of Negligence In This Case
ANSWER
Legal cases study.
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Identify The Defendant And The Areas Of Negligence In This Case
From the case study of Rafael, the defendant is the medical practitioner. There are several instances where the nurse practitioner practiced negligence on the patient’s care. For example, the first time Rafael was seen at the practitioner’s place, he complained of cramping and abdominal burnings. The patient also complained of inability to eat for a couple of weeks. These complaints were resolved as of the appointment and the medical practitioner scheduled the patient’s physical exam the following month. The medical practitioner also prescribed Zantac without running tests to know the exact medical problem. P5rofessionally, when a patient reports to a medical facility, it is categorical to do a medical background check and medical tests before settling on a prescription. That was an instance of negligence from this case.
Given The Patient’s Symptoms Listed Above, Provide A Comprehensive Differential Diagnoses List (Only A-List)
Chemotherapy
Rapid mortality
Slow motility
Steroids and immunosuppressive medications ((Joel, 2017)
Reflect on this case and what you would have done differently as an advanced practice registered nurse.
Upon the patient’s arrival at the clinic, as an advanced medical practitioner, I would have recorded the symptoms and checked the patient’s medical background before prescribing any medications (Nugteren et al., 2017). I would also arrange for an immediate physical examination to give the most appropriate medical care.
Review the risks that NPs face associated with practice identified in Buppert (2018) p. 289 and determine which of these applies to the case. What strategies might have reduced the risk of the outcome presented in this case
From the case provided, the NP may face the risk of medication and diagnosis claims. They also face charges of failure to adhere to their profession’s scope of practice. Proper medical background checks and adherence to nursing practices, which involves appropriate medical tests, might have reduced or changed the risk of the patient’s outcome (Buppert, 2020).
Why do you think the verdict was, and why?
The nursing practitioner was found guilty of negligence. The patient died, and the medical care provided was not per the medical nursing practice.
References.
Buppert, C. (2020). Nurse practitioner’s business practice and legal guide. Jones & Bartlett Publishers.
Joel, L. A. (2017). Advanced practice nursing: Essentials for role development. F.A. Davis.
Nugteren, I. C., Duineveld, L. A., Wieldraaijer, T., van Weert, H. C., Verdonck-de Leeuw, I. M., van Uden-Kraan, C. F., & Wind, J. (2017). Need for general practitioner involvement and eHealth in colon cancer survivorship care: patients’ perspectives. Family practice, 34(4), 473-478.
Identify The Defendant And The Areas Of Negligence In This Case