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A nurse is sued for failure to monitor a patient appropriately after a procedure. Which of the following statements are correct about this lawsuit? (Select all that apply.)

A. The nurse does not need any representation.
B. The defendant must prove injury, damage, or loss.
C. The person filing the lawsuit has the burden of proof.
D. The person filing the lawsuit has to show a compensable damage, such as lost wages, occurred.

User Osseta
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1 Answer

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Final answer:

In a lawsuit where a nurse is sued for negligence, the plaintiff carries the burden of proof and must show compensable damages. The nurse requires representation for a fair defense, and it's the plaintiff's duty to prove injury, damage, or loss, not the defendant's.

Step-by-step explanation:

In addressing the scenario where a nurse is sued for failure to monitor a patient appropriately after a procedure, the following statements can be considered with respect to this lawsuit:

  • C. The person filing the lawsuit has the burden of proof. This means that the plaintiff (the one who is bringing the lawsuit) must demonstrate to the court that the nurse's actions were negligent and caused harm.
  • D. The person filing the lawsuit has to show a compensable damage, such as lost wages, that occurred as a result of the alleged negligence. It is not enough just to show that negligence occurred; the plaintiff must also show that this negligence led to actual damages.

However, there are inaccuracies in the other statements:

  • A. The nurse does indeed need representation, either privately hired or, if they cannot afford one, possibly provided by the employer or a public defender, to ensure a fair trial and defense.
  • B. It is not the defendant, in this case the nurse, who must prove injury, damage, or loss; the burden of proving these elements lies with the plaintiff.
User Glaebhoerl
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