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Question
A transportation company from a long-term care facility arrives on the floor to transport an 86-year-old patient with a hip fracture who has been discharged by the RN one hour ago. This transport company is well known by the nurse. The nurse and several colleagues wave good-bye to the patient and wish the patient well as they are wheeled by in the traction the transport company has rigged up. The nurse receives a lawsuit notice 6 months later claiming permanent injury to the fractured hip due to negligent transport methods at discharge. Which of the following is true regarding the legal issues based on this scenario?
a) The claim of negligence against the nurse is based on the duty to act to prevent foreseeable harm to the patient by the transport method.
b) The nurse's defense will be that the patient was discharged and therefore does not have an independent duty to prevent any foreseeable harm by the rigged up (negligent) traction by the transport company before the patient left the hospital.
c) The nurse's defense will be that there is no duty to prevent the third party transport company from negligent positioning of the patient in.
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