In the discussion preparation, you were asked to summarize the crucial steps involved in conducting a trial based on the pleadings of the defendants, leading up to the execution of judgments and including the awarding of damages. You were also asked to analyze the concept of respondeat superior and the concept of corporate negligence as they apply to responsibilities of the hospitals governing body and corporate structure. In this discussion, provide examples of the application of these concepts in a health care setting.
Week 4 Discussion- this is the student response Wanda KellyTrail Practices and Legal Issues Based on Civil and Corporate Dynamics
Summarize the crucial steps involved in conducting a trail based on the pleading of the defendants.
The crucial steps involved in conducting a trail based on the pleading of the defendant, the pleading of the defendant means that it provides notice to the defendant that a lawsuit has been instituted concerning a certain controversy. The lawsuit begins when the person summit the suit files a complaint, the pleadings stage are very formal documents that filed with the courts that state the parties certain positions, the pre-trail pleading would include 1st the complaint, its the plaintiff side of what happened and the damages. 2nd would be the answer; where the defendant explains why the plaintiff should not prevail (prove). 3rd reply, every party in the case must file a reply 4th counterclaim, where the defendant may and can file a counterclaim, which declare that the plaintiff has injured the defendant in a way or another and should pay damages.
Analyze the concept of respond-eat superior and the concept of corporate negligence as they apply to responsibilities of the hospitals governing body and corporate structure.
Respond-eat superior, is a legal belief in which an employer mat be held responsible for the actions of their employees, when the actions are performed in the course of employment in-order for respond-eat superior to apply, there must be a clear employee-employer relationship established, cause the principle does not apply to actions by an independent contractor.
Example: I work in the health-care field and I witness a patient being abused and pushed to the ground and the patient hurt their hip; I reported what I saw, the employer and employee was held responsible, because it happened at the facility. Corporate negligence is the legal doctrine that holds health-care facilities like hospitals, nursing homes and medical clinics responsible for the well-being of patients. If the hospital fails to maintain a clean and safe environment, properly trained employees, to oversee care and implement safe policies you can be held liable for any harm to patients. (A nurse at a hospital had not been clean a woman incision correctly and it got infected and they had to re-open her to treat her; the hospital is at fault and the nurse that was responsible and are liable for the wrong doing that was made.
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