A nursing student and a preceptor nurse are discussing nursing liability. Which statement if made by the student would indicate to the nurse that the student understands the concept of liability?
a) "A client can still file a lawsuit outside of the statute of limitations if the discovery of the harm has been more recent."
b) "A client has 5 years to sue if they feel they have been harmed."
c) "There is a grace period of 1 year after a client is injured and when they can file a law suit."
d) "A form of alternative dispute resolution is to have a client sign a waiver before treatment that indicates he or she cannot sue in case of error."
Answer:
a) "A client can still file a lawsuit outside of the statute of limitations if the discovery of the harm has been more recent."
Explanation:
A nurse, in her discharge of her duty can be held liable for any measurable damaged caused to a patient as a result of negligence or mistake on the part of the nurse. Under the nursing liability laws, the client or patient can file a case against such nurse to pay for damages.
According to the law of nursing liability, the statue of limitations gives the client within 2 years to file charges against the nurse. However, considering the recovery rule, a client can still file charges outside this statue of limitation if the damage or injury was discovered recently. The discovery time is the period the damage or injury is discovered by the client. This varies across different states.
After the case has been filed and the nurse is found liable, the grace period as stated by the law is the time frame specified, in which payment for damages must be paid to the client. After this grace period is exceeded without the debt being paid, a penalty is added.
In dispute resolution between a nurse and an aggrieved client, both parties can decide to settle out of court, which is a form of an alternative dispute resolution.
