A nurse has been named as defendant in a lawsuit claiming patient injury from misuse of equipment. The nurse says, "The small hospital where I work does not provide the same kind of continuing education training on use of equipment as larger, more modern hospitals." The attorney representing this nurse may choose to use which rule or doctrine?

Question

Quizplus · Accepted Answer

Rationale 1: Res ipsa loquitur was developed to prevent patients who have been harmed from being further harmed through their inability to show how the injury occurred. It is not related to continuing education differences between small hospitals and larger hospitals.
Rationale 2: The locality rule attempts to set a standard for the professional similar to that of other professionals practicing in the same geographic area of the country. This rule arose because of wide variations that once existed in patient care, depending on whether the hospital was in an urban or a rural setting. Most states have abolished locality rules.
Rationale 3: Foreseeability is the concept that certain events may reasonably be expected to cause specific outcomes.
Rationale 4: The tortfeasor is the person committing a civil wrong.

A Nurse Has Been Named as Defendant in a Lawsuit