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Discuss whether eHarbour could face liability for products liability under a negligence or strict liability theory

Subject: Management

Keywords : Discuss whether eHarbour could face liability for products liability under a negligence or strict liability theory


Question:

Discussion of Liability Theories

Discuss whether eHarbour could face liability for products liability under a negligence or strict liability theory. What are the potential damages that could be awarded? What express warranties should the software include? What specific warnings should the software include to limit potential liability?

Negligence Theory

Under a negligence theory, eHarbour could face liability for product defects if the company fails to exercise reasonable care in the design, development, testing, or distribution of its software. To prove negligence, a plaintiff must establish:

  1. Duty of Care: eHarbour has a duty to develop software that is reasonably safe and free from foreseeable defects.
  2. Breach of Duty: The plaintiff must show that eHarbour failed to exercise reasonable care in designing, testing, or maintaining the software.
  3. Causation: The defect in the software must have directly caused harm to the user.
  4. Damages: The plaintiff suffered actual damages (financial, physical, or reputational).

For example, if a bug in the software caused critical system failures leading to economic loss or personal injury, eHarbour could be held liable under negligence.

Strict Liability Theory

Under strict liability, a company can be held liable for defective products regardless of whether it exercised reasonable care. A plaintiff must show:

  1. The software was defective (e.g., due to a design defect, manufacturing defect, or inadequate warnings).
  2. The defect existed when the software was distributed by eHarbour.
  3. The defect caused the plaintiff’s harm.

Strict liability applies if the software poses an unreasonably dangerous risk when used as intended.

Potential Damages

In a product liability case, the damages that could be awarded may include:

  • Compensatory Damages: These are awarded to compensate for actual losses, such as economic damages (e.g., lost revenue, costs to fix the software) or personal injuries caused by the software defect.
  • Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages could be awarded to punish the defendant and deter similar future conduct.
  • Consequential Damages: These cover losses that occur as a result of the defect, such as lost profits or damage to a company's reputation.

Express Warranties

The software should include the following express warranties to limit liability:

  • Functionality Guarantee: A warranty that the software will perform as described in its documentation and marketing materials.
  • Defect-Free Warranty: A warranty that the software is free from defects or vulnerabilities that could cause harm to users or their systems.
  • Security Warranty: A warranty that the software includes adequate security measures to protect user data from breaches or unauthorized access.

Warnings to Limit Liability

The software should include specific warnings to limit potential liability, including:

  • Risk of Failure: A warning about potential risks such as system failure, bugs, or compatibility issues.
  • Limitation of Liability: A clause limiting the company’s responsibility for damages caused by the software, especially indirect or consequential damages.
  • Disclaimers: Disclaimers stating that the software is provided "as is," with no guarantees beyond those expressly mentioned in the warranty.

Reported Case

Conduct legal research and find a reported case involving a products liability case against a software company. Give the citation of the case and a brief summary of the case.

Solution:

CLINICAL CASE STUDY

Table of Contents

  • Introduction - 3
  • Discussion - 3
  • Conclusion - 6
  • Reference list - 8

Introduction

Jessica Jones, 18 years female previously diagnosed with Bulimia Nervosa and has undergone treatment with cognitive behavioural therapy. Over the last week, her mother noticed changes in Jessica in behavioural, physical and mental contexts. She has been found secretive around food, losing weight, eating alongside and avoiding other people. On medical examination, it is found that she is suffering from hypokalaemia, hypernatremia and cardiac arrhythmias. A care plan has been developed by Mental Health Team which makes her angry and not complies with the care plan developed. Therefore, this case study is to understanding the patient care plan according to the situation allows effective intervention delivery. This study aims to analyse the situation of being a registered nurse. This will enable me to develop professional knowledge as a registered nurse in developing a clinical reasoning cycle for treating mentally ill patients. Developing a patient care plan has notably positively impacted the patient's mental condition.

Discussion

Identifying the priority problem that leads to bulimia nervosa allows the healthcare community to analyse the problem. Hay et al. (2020) opined that the general practice had been involved in developing diagnostic symptoms of binge‐eating disorder. Due to this, the patient is highly required for undressing cognitive behavioural therapy. This disorder is characterised by self-induced vomiting, weight loss, eating habits and isolation. Linking to the case scenario, Jessica Jones has been identifying with feelings of guilt, lack of control by frequent trips to the washroom, shame, low mood and regret and binge eating. This signifies the burden of keeping this issue that is associated with Bulimia nervosa leads to developing anxiety and stress (Milano et al. 2018). The pathophysiological process in this disorder is the rupturing of the stomach that is followed by the oesophagus, leading to life-threatening for the patient. This links with the life threaten disorder with eating disorder.

Bulimia nervosa has been evident by compensatory behaviour that primarily required cognitive behavioural therapy. It is evident that 30% of the population has benefited from CBT. Specific observation for this disorder includes weight loss, eating alone, and becoming more antisocial and withdrawn. For this assessment tool required for intervention is patient plan care. This influences the effective balancing of food eating and nutritional uptake for regulating behavioural change and mental illness. As per the case scenario, it is observed that the patient is suffering from the symptoms mentioned above; this depicts that re-emerging of the Bulimia nervosa with chronic medical complications.

Hypokalemia is a low potassium level that causes heart arrhythmias, and the weakening of the heart. This condition in Bulimia nervosa is very common. As opined by Gundogmus et al. (2020), the pathophysiology of this condition is purging behaviour due to the gastric content. A complication arises due to the overeating attitude which leads to laxative abuse and diuretic abuse condition. This signifies the development of a plan of care to reduce the overeating attitude that improves the patient's health condition. A specific goal for this plan of care is to reduce possible binge eating by building a treatment plan using a clinical reasoning cycle. As referred by Treasure et al. (2020), chronic depletion of the fluid from the body causes hypovolemic type due to purging behaviour. Bulimia nervosa disorder results in developing diarrhoea in metabolic alkalosis, this result in excessive loss of electrolytes. Linking to the case scenario, the patient has been admitted to the cardiac unit for monitoring hypokalaemia and hypernatremia due to excessive binge eating. This indicates that developing a holistic care plan will help develop an effective treatment plan using each aspect of the patient's condition. Therefore, the psychological aspect influences the tendency to over-eating.

Nursing intervention for Bulimia nervosa patients requires a plan of care for reducing the eating disorder. According to Gibson et al. (2019), complications associated with Bulimia nervosa are negative self-esteem, which signifies social functioning. Electrolyte imbalance in this condition is due to the excessive sodium level release. Therefore, this condition induces hypovolemic that leads to severe eating disorders that involve lowering the kidney's ability. The skill that is required for developing the plan of care understands the mental condition of the patients. Linking with the case scenario, the patient is observed that provide supplements to maintain the body's electrolytes, and also develop the care plan with fluid balance chart. Effectiveness of plan action on the intervention that allows a patient to recover from the chronic stage Accordion to Trainor et al. (2022), a nursing intervention plan has been evident in helping the patient in overcoming the issue through analysing the subjective and objective data. Assessment of nutritional status to set weight management required for the underweight patient. Potential involvement of the patient of suicidal tendency as this patient is often found to engage with mental illness supervised meals to determine eating habits. It helps in preventing the patient from purging after meals. Setting goals in the exercise program to maintain muscle strength and reduce calories. Monitoring fluid balance within the body due to the tendency of vomiting prevents electrolyte imbalance. As per the case scenario, the patient has been admitted with a severe condition. Considering the situation of the3 patient, this nursing plan of care allows the patient to improve her health condition.

Establishing the clinical case study question of developing a nursing care plan as the registered nurse under Registered Nurse Standards for Practice under the Mental Health Act (2014); Recovery Focused Principles; Trauma Informed Care; Strengths Based Practice; The Mental Health Nursing Standards by the Australian College of Mental Health Nurse (2013); and the Medical Treatment Planning and Decisions Act (2016) and Nursing and Midwifery Board of Australia [NMBA], 2016 need to be done for maintaining the professional practice within the government health care settings. NMBA standards have been used to ensure the maintenance of the same professional care across the country. Quality nursing care develops decision-making for the patient under the code of ethics. The code of conduct has been followed according to NMBA that registered nurses engage with the patient that imposes a culturally safe and respectful manner. Legalities in NMBA developed under Health Practitioner Regulation National Law Act 20097 (the National Law) for the effective health practises conducted development of the plan of care.

Cultural awareness in Australia has been seen that increase the competence of nursing. This within the healthcare settings implied the ability of the professional to deliver their best patient care. As referred by Juarascio et al. (2021), cultural awareness entails developing the acknowledgement of the patient cultural diversity that makes faith and relief and provides delivery considering the patient culture in mind. Cross-culture awareness has demonstrated the unfamiliar practices and behaviour of the registered nurse towards the patient. Linking with the case scenario, a patient has been provided with a care plan for the disorder she has suffered. The patient has raised her voice against the plan of care made for her. This acknowledges the nurse's lack of cultural awareness with the patient, resulting in the patient's adverse reaction to complying with the plan. Bulimia nervosa is the sense of excessive overeating. Evidence-based care for the patient suffering from Bulimia nervosa to mental health develops a potentially life-threatening. Registered nurses involve in decision-making that focuses on the intensity of the illness. They are involved in the delivery of quality care to manage patient care.

Bulimia nervosa is a health condition that leaves the patient to develop the associated disorders. This results in life-threatening and the occurrence of another internal disease that promotes adverse health impacts on patient conditions. Therefore, Patient-centred care allows the patient treatment considering the specific disorder from which the patient is suffering. As stated by Wilson & Bannon (2018), this nursing theory allows for drafting the patient's values and beliefs to promptly receive healthcare treatment with respect and dignity. Trauma-informed practice patient nursing practice is the approach taken by healthcare that enables the professional to provide care in a way that prevents the patient from triggering the point. As mentioned by Lampe et al. (2022), recovery-oriented nursing practice allows the nurse to build mental stability; this nursing practice focuses on the patient's mental health condition, thereby developing an intervention plan accordingly. As per the case scenario, the patient has been suffering from a disorder that has a negative fall impact on the physical as well as mental condition. Therefore, developing an intervention plan based on the theories and practice allows the patient to receive and develop a treatment plan.

Clinical reasoning and critical thinking need to develop a plan of care for the mental health patient to reduce health drawbacks. As opined by Srivastava et al. (2022), the Current approach that the healthcare professional regulates involves developing an intervention according o the theoretical perspectives. This allows the professionals to undergo treatment plans considering nursing knowledge, skills, effective approaches and judgements. Contemporary nursing A& B mental health in developing the future nursing practice within the healthcare settings enables to implementation of the standard mode of practice across the country. As reported by Roberts & Skipsey (2022), implementing this intervention into clinical research affirms the effective standards of patient care and quality care delivery as a registered nurse. Therefore, it will allow an understanding of cultural awareness in clinical settings to develop comfort between the nurse and the patient.

Conclusion

Bulimia nervosa is an overeating disorder that leads the patient to suffer from mental regardless. Along with this, it has a negative impact on the patient physical condition. This condition can be life-threatening due to the excessive consumption of food. Observations on the patient reflect the symptoms of Bulimia nervosa, such as weight loss, eating alone, and becoming more antisocial and withdrawn, leading to the development a political care plan. Therefore, this increases the risk of cardiac death; therefore intervention is required 2-fold and interacted with the reason behind the pathophysiological condition. A nursing care plan for the patient considering the patient situation has been developed to reduce the purging after meals. NMBA standards have been followed for conducting the standard professional care and treatment protocol across the country. Cultural awareness in healthcare settings is critical to establishing a friendly environment between the patient and nurses. Patient-centred care, Trauma-informed practice and recovery-oriented nursing practice help in establishing the link between the knowledge and skills implementation in handling patients.

Reference list

  • Acle, A., Cook, B. J., Siegfried, N., & Beasley, T. (2021). Understanding and evaluating eating disorders: A systematic review of the literature. Psychology and Health, 36(1), 2-14.
  • Australian College of Mental Health Nurses (ACMHN). (2013). Standards for mental health nursing practice. Australian College of Mental Health Nurses.
  • Gibson, C., Johnson, K. J., & Wright, R. M. (2019). The impact of bulimia nervosa on patient health: A longitudinal study. Journal of Eating Disorders, 43(4), 400-412.
  • Gundogmus, E., & Demir, B. S. (2020). Electrolyte disturbances in bulimia nervosa: Implications for nursing interventions. Journal of Clinical Nursing, 29(7-8), 1234-1241.
  • Juarascio, A. S., Forman, E. M., & Fischer, S. (2021). Cognitive-behavioral therapy for eating disorders. Journal of Contextual Behavioral Science, 19, 79-87.
  • Lampe, L., White, H., & Hunt, C. (2022). Recovery-oriented nursing in mental health settings: A guide to best practices. Journal of Psychiatric Nursing, 28(5), 247-258.
  • Milano, W. J., Thomas, C. S., & Graves, P. (2018). The relationship between self-esteem and eating disorders: A systematic review. Journal of Eating Disorders, 9(1), 44-58.
  • Roberts, K., & Skipsey, S. (2022). Implementing evidence-based practices in nursing care. Nursing Practice, 17(2), 102-115.
  • Srivastava, R., Sharma, P., & Jain, M. (2022). Role of clinical reasoning in nursing practice. Journal of Clinical Nursing, 31(12), 3784-3795.
  • Treasure, J., & Schmidt, U. (2020). Eating disorders: A multidisciplinary approach. Oxford University Press.
  • Wilson, P., & Bannon, C. (2018). Patient-centred care in nursing practice. Journal of Advanced Nursing, 74(5), 1189-1200.