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Much of what you ’ re doing is asking , ‘ Can the story be told later through the documentation ?’ Is anything missing ? Can someone else pick it up and say , ‘ OK , there was an outbreak of COVID on this unit . What were the key mitigation efforts to show that it was reported to the appropriate public health authorities ?’”
case involved a child who ’ d passed away , and just knowing the experience of jury trials in that situation , and so I shared that experience with the APIC audience as well of saying , ‘ Don ’ t look at settlement as a failure as part of that process .’ And then when you go to the deposition piece , there was nothing that helped prepare me for the back- and-forth cross and then me saying ‘ You need to ask me this over again , like I don ’ t feel comfortable that I ’ ve got that piece . I have never gone into an arbitration , a witness situation , a deposition where I didn ’ t feel at the end over-prepared , and that to me is a great feeling . I have always felt like my legal partners made sure that I was absolutely primed and ready for this .”
The Discovery Process
In litigation , the plaintiff is the person on whose behalf the lawsuit is filed , who also must establish legal liability on the part of the defendant , who is the person or organization being sued .
The plaintiff must have an interest that is protected by law , such as a constitutional right , a statute , and / or case law . The plaintiff must show that the defendant had a legal duty to act ; must prove that the defendant breached the duty to act ; must show injury or damage to the protected interest ; and must prove that the defendant ’ s breach of duty caused the injury .
Sheridan ( 2024 ) explains that , “ Initially , the burden of proof rests with the plaintiff , and the plaintiff ’ s case must establish this burden of proof by a preponderance of the evidence . If the plaintiff succeeds in establishing proof , the burden of proof shifts to the defendant . If the plaintiff establishes liability , the plaintiff must then prove damages . In some cases , the court may decide that there are no material-fact issues and that the required elements of the cause of action do not exist , or that a legal defense exists . In these cases , the court grants summary judgment in favor of the prevailing party without a trial .”
The process known as discovery is critical in any potential litigation . It involves interrogatories , requests for production , depositions , and requests for admission .
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Check out the Clean Solutions series of self-paced , online-based lessons , taught by laundry and infection prevention experts !
Gregory Gicewicz Melissa Travis
Glean invaluable insights from Gregory Gicewicz and Melissa Travis as they walk participants through best practices for ensuring a stellar laundry department .