The cardiac telemetry unit nurses repeatedly cautioned a patient not to leave the floor because input from telemetry monitors is limited to that area. The patient went to the cafeteria and suffered a fatal dysrhythmia
What is the nurses' best defense in the negligence lawsuit brought for the patient's survivors? 1. Defense of the fact
2. Immunity
3. Assumption of risk
4. Exculpatory agreement
3
Rationale: In this case, the nurses warned the patient "repeatedly" of the danger and the patient ignored the warning. Assumption of risk states that plaintiffs (in this case the patient) are partially responsible for consequences if they understood the risks involved when they proceeded with the action. Defense of the fact is used when there is no indication that the health care provider's actions were the cause of the patient's outcome. In this case, it might be argued that the nurses should have noticed the patient was away from the unit. Immunity statutes serve to dismiss certain causes of action. Exculpatory contracts are signed to limit the amount of recoverable damages and are generally considered invalid.
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