Legal Ramifications for exceeding one's duties Essay

Legal Ramifications for exceeding ones duties - Essay Examplefor the case of Maggie. Despite having been in the field for quite some time, doing should be taken upon her for the slightest evidence of malpractice hence enhance the safety of other uncomplainings.In the medical field particularly nursing, there are regulations set apart that govern the mode of conduct of physicians and nurses, which Maggie must be aware of. Negligence of duty is one of them and it illustrates that they should be cautious enough while executing their duties to nullify any emotional or physical damage to their patients. However the substantial proof for negligence lies with the patient, their family or whoever was looking on (Jamnik, 2011).With the evidence of the deep laceration on the patient, Maggie can be sued in court because the patient might bleed profusely and can even die. On the other hand, being sued does not bastardly that the nurse was actually negligent in duty since she can come out wi th arguments that support her act and receive a fair jurisdiction. For example she whitethorn use one of the four elements of malpractice which is damage to justify her total innocence. When evaluating a malpractice in the nursing field, the jury will consider whether the deep laceration caused harm to the patient or not. If not, then that would be a different case of poor patient management and medical malpractice. With such arguments, the supervisor should be well gird with a good medical lawyer to support the damage done to the patient and also ascertain the drift from normal care of patients as stipulated in the medical laws (Kassim, Alias & Muhammad, 2014).On the other hand, the physician will face charges according to the Emergency Medical Treatment and Active Labour Act (EMTALA) panel since it stipulates some physician regulations of which he breached. According to this law the on-call physicians must be ready and willing all the time whenever they are called to come and ad minister dish to a patient requiring emergency help without delay. In this