Professional Documents
Culture Documents
Issues In Nursing
SIXTH EDITION
CHAPTER
Anatomy of a
Lawsuit
Anatomy of a Lawsuit
Six procedural steps to any given
lawsuit are:
Defendant's Response to
Summons
Immediately notify liability insurance
carrier.
Secure an attorney.
Notify health care institution's
administrative staff.
Do not discuss suit, to avoid being
misquoted.
Arbitration
Much like a mini-trial, more formal than
mediation
Prelitigation Panels
Prelitigation panels ensure that there is
an actual controversy or fact question
before the case is presented at court.
Medical and legal experts review
evidence concerning the injury, its
cause, and the extent of the injury.
Motion to dismiss
Filed by defendant to state that there is
no valid cause of action
Counterclaim
States a cause of action defendant has
against the plaintiff
Legal and Ethical Issues in Nursing, Sixth Edition
Ginny Wacker Guido
Supplemental pleadings
Add to the statement of facts before the
court
Motions
Formal requests asked of the court by
one of the parties
Pretrial Conference
Final phase of pretrial discovery
Judge and attorneys agree on
procedure and issues to be decided
May result in finalization of a
settlement
The TrialContinued
Principles of law are applied to
determine the facts.
Facts are determined by the jury.
Final arguments are made.
Jury deliberates and reaches a verdict.
Step 5: Appeals
Appellate court reviews case based on:
The trial record
Principles of the law applied
Short arguments by representing
attorneys
Execution of Judgment
Defendant may be fined or imprisoned
if injunction is not fulfilled
In a default judgment or money
damages award, defendant's earnings
may be garnished or property
confiscated to pay award.
Lay Witness
Establishes facts at trial
States exactly what transpired without
drawing a conclusion or forming an
opinion
May include patients and their family,
nurses not named in the suit, or other
staff
Expert Witness
Explains specialized technology or
skilled nursing care
Required when case involves scientific
information that is beyond common
knowledge