...case of Negligence, Duty to act, and wrongful death. This paper will explain the legal, ethical and professional considerations. The Chief Executive Officer of a small non-profit community hospital were on vacation in the Bahamas, the are was hit by a large snow storm, in this case, many of the hospitals health care providers were unable to make it to work, as a result. This paper will explain how the employees reacted, and how the patients ethically, legally and professional suffered from the unexpected incident. While the Chief Executive officer of a small non-profit community hospital was vacationing in the Bahamas, the area was hit by a large snow storm. Many of the hospitals health care providers were unable to make it in to work, 3-11 and 11-7 shifts. As a result the patients units were understaffed and days shift personnel were required to remain on duty until relieved. During this snow storm, several patients sustained minor injuries from falls out of their bed, and one patient died after being given the wrong medication, the nurse on duty also left the hospital to go to Wendy’s to buy dinner, after one year, the families of these patients sued the hospital on the behalf of their deceased relatives. The three legal considerations are, during the snow storm, many of the hospital health care providers were unable to make it to work, and patients were not attended properly, probably because of shortage of staff in the community hospital. The...
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...Darling v. Charleston Community Memorial Hospital set the precedent for jurisprudence regarding hospital liability at a time when there were no other established cases of hospital negligence at a corporate level. The basis of the suit claims that an athlete who was evaluated and treated for an orthopedic emergency by a non-specializing physician through the ER ultimately lost his leg due to corporate negligence. According to McWay (2016, 2010), corporate negligence “recognizes that a health care organization, such as a hospital, owes a duty directly to a patient with regard to care and treatment” (pg. 78). In this case, the hospital did not meet its duty to the patient for several reasons. The physician on call was not specialized and therefore...
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...QUESTION. “The law tampers with the But for test of causation as its peril.” -Lord Brown; Sienkiewicz v Greif (UK) Ltd (2011) The Bust for test of causation is said to be fraught with difficulties. How has the law developed to overcome these difficulties? INTRODUCTION Negligence in the law of tort is the failure to exercise the care that a reasonably straight person would exercise in such like circumstances. In tort law, this area of negligence involves harm caused by carelessness and not by intention. The tort of negligence structures a standout amongst the most element and quickly changing zones of obligation in the present day law. Its rise in the 20th century shows the pressure of the social and economic changes on the traditional ways of legal redress for interference with protected interests. The reasonable structure of carelessness is very adaptable and fit for general application. These components have permitted the courts to use the tort in the setting of novel cases for pay. On the other hand, the development of carelessness has not supported the extension of risk and throughout the years, courts have been putting a few limitations on this degree. The tort of carelessness does not right now appear to be set upon some foreordained way of growth as it once had all the earmarks of being. The modern history of tort law started with the groundbreaking judgment of Lord Atkin in Donoghue v Stevenson where Mrs Donoghue went to a cafe with a friend. The friend...
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...Soo Clumsy can sue Tesko under law of tort. Tort is a civil wrong or wrongful act, whether intentional or accidentally which unfairly causes someone to suffer loss or harm from another party and this is lead to action to civil court. There are two ways to occur in civil liability which is either a breach of contract or a tort having been committed. Liability of tort is not undertaken voluntarily and its’ applied by the courts on the basis that certain types of conduct ensure the imposition of tortious liability. Examples of tort situations are negligence, nuisance, trespassing, defamation, occupiers’ and vicarious liabilities. In Soo’s case, emphasis is given to law of negligence. In Soo’s case, she can claim under the negligence from Tesko. Negligence always required some form of careless conduct. Based on the fact given there is an extent of careless conduct by Tesko. In order for Soo to successfully sue Tesko for her claim there are three elements that need to be established. The first element is there must be an existence of duty by Tesko, breach of that duty and the causation and that the damages are not too remote. Based on the first element, the fact related which is Donoghue v Stevenson [1932] AC 562 House of Lord [1]. This case was happens on 26th August 1928, Donoghue and her friend went to a café in Glasgow and her friend brought a bottle of ginger beer for Donoghue. The ginger beer was in a brown and opaque bottle so that the contents could not be seen...
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...The case is a perfect example for the Tort of Negligence. We will discuss the ways in which negligence applies in the case of the restaurant Capelli against providing services to its customers. A reasonably prudent person is expected to conform to particular standards of care. The person can be an individual or an entity. A child is an exception a case in which the standards of care can be lower. Standards of care for a professional are higher when compared to a child. In our case the entity is neither a child or a professional hence the exception does not apply. Negligence means negligence in and itself. Many a time a person violates a local statue or a local ordinance in which violation of that statute or ordinance is conclusive proof that the defendant did not exercise reasonable care. In our case the restaurant did not follow the local law that prescribed commercial entities to pay a non-refundable fee and put up a postal sign indicating the fact of repairs and certifying compliance with the Act. The restaurant stated lack of awareness for the act. This act is a sign of negligence per se on the part of the restaurant. Moreover, the restaurant followed the rule by placing a sticker in regular menu, but missed the sticker in the menu provided to the injured guests. Additionally, warnings were not in place in the sticker or outside the second floor to assist the guests to warm the guests about the dangers of visiting the terrace. We can even argue that the law was in place...
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...Negligence Paper Maria Gutierrez HCS/478 August 5, 2015 Carol Mack Negligence Paper The health provider or a nurse has the responsibility to provide the best care possible for the patients. In this paper, I will discuss about neglect and the different between negligence, gross negligence and malpractice. I will also cover my opinion about the situation, agreement or disagreement deciding whether it was a mishap or negligence, the importance of documentation, the ethical principles that serve as a guide for nursing. Negligence is not being diligent. It is one of the legal issues that all healthcare provider are prone to participate unintentionally. Guido (2010 stated, “Negligence denotes conduct lacking in due care. Negligence include doing something that the reasonable and prudent person would not do” (p. 92). Negligence can occur anytime and in any areas of the healthcare environment. However, negligence most likely happens with old people in health care setting, for example, nursing home, hospitals and boarding care facilities. Some of the common negligence examples include failure to provide adequate nutrition, medication error, physical injury, and failure to turn patient that lead to a poor skin integrity. Gross negligence is more serious than negligence. The difference between the two of them is the degree of carelessness or inattention. Negligence is when a person fails with the standard of care not intentionally and gross negligence is a complete reckless conduct...
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...rushed to the Jacobi Hospital Emergency Room reporting abdominal pain. After seven hours, the hospital released Cruze. She returned home and rested. However, the hospital failed to detect that Cruze had suffered four broken ribs, a lacerated renal vein and other internal injuries. Despite the pain and difficulty of breathing, Cruze herself did not notice these serious internal injuries, and she believed that she was recovering. Cruze was in fact bleeding internally. Over the next three days, she bled to death. Cruze’s attorney sued the hospital for medical malpractice and the landlord for negligence. From The Hospital’s Perspective The potential liability for the hospital is the neglect of the plaintiff’s internal injuries. The hospital is required to act the degree of care, skill and judgment, which reasonable doctors in the same practice area would exercise in the same or similar circumstances. A failure to conform to this standard is negligence. In this case, the hospital should have the ability to discover the internal injuries of the plaintiff. The plaintiff’s attorney would possibly bring this medical malpractice against the hospital, and argue that it finally caused the death of the plaintiff. Among the four elements of negligence, owe a duty of care and injury to another are two elements showed very obvious in this case. It would be very difficult for the hospital to defense from these two aspects. In order to minimize the liability, the hospital could argue that it...
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...It is human nature to make mistakes; however, mistakes that cause harm to someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence, gross negligence, and malpractice. After differentiating between these terms, it will be determined if the doctor operating on Mr. Benson was considered to be negligent, gross negligent or was this mistake malpractice. To determine if the doctor who operated on Mr. Benson was negligent, the term negligent has to be defined. According to the Journal of Legal Nurse Consulting (2007), negligence is defined as the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, any conduct that falls below the legal standard established to protect others against unreasonable risk of harm, except for conduct that is intentionally, wantonly, or willfully disregardful of others’ rights. In Mr. Benson’s case, the doctor would be considered to be negligent. The surgeon did not act in the same way another surgeon, in the same practice would have acted. For some reason, not all the measures were taken to ensure...
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...to you regarding your present situation concerning the surveyor. I will advise you on your legal position by using both case law and statue law. First of all, one will have to define negligence. “…the breach a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff.” (Rogers, Winfield and Jolowicz on Tort (15ed. 1998)) Negligence protects against three different type of harm damage to property, personal injury and economic loss . Before 1932, no generalized duty of care in negligence existed. The common law in some circumstances did recognize the duty of care should be owed e.g. road accidence. The tort of negligence was fully established in the case of Donoghue v Stevenson (1932). Mrs. Donoghue went to the café with a friend who bought her a bottle of ginger beer. Mrs. Donoghue drank half the ginger beer, the rest was poured into a glass, out floated the remains of a decomposed snail, as a result become ill. HELD the manufacture owned a duty of care to the ultimate customer. In order to be successful in the claim of negligence, you must prove the existence of the following three elements : i. Duty of care ii. Breach of duty iii. Damage Duty of care is the first thing that the courts try to prove whether there is an existence of negligence . From the information provided it is clear that the surveyor gave a false statement, which caused you to buy the house. This is (unclear antecedent) called negligent misstatement ....
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...Tort warrants claimants to seek restitution for their alleged disservice for bodily harm, effects, or character. In order to file a tort claim, the claim has to be factual or true by the party that suffered the disservice. Medical personnel and facilities can receive jail time and/or malpractice claims if found guilty of such negligence as described in the tort claim. According the Congressional Budget Office (2006), “The system has twin objectives: deterring negligent behavior on the part of providers and compensating claimants for losses (including medical costs, lost wages, and pain and suffering) they incur as the result of an injury that occurs because of negligence” (http://www.cbo.gov/ftpdocs/71xx/doc7174/04-28-MedicalMalpractice.pdf ). Torts can be divided into categories, such as negligence and intentional torts. Negligence is the most common tort claim filed towards health care professionals. Tort laws are set in place to recognize what can be defined as a legal injury and what criteria needs to be met in order to meet the requirements to claim that a wrong doing has been committed against the patient. For example, a patient presents to the hospital with chest pain. The doctor neglects to give the patient a cardiograph and sends the...
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...Negligence Telisha Winbush HCS/478 6/7/2015 Barbara Scheibe Negligence In the simulation, the Neighborhood 2.0, season 3 episode 7, Mr. Joseph Benson has had the wrong leg amputated in surgery and wakes up in terror when he discovers what has happened. The newspaper claims that Mr. Benson was affected by negligence. However, that is only partially accurate; there is a distinct difference between negligence and malpractice and I believe that this is a case of malpractice. Nurses need to act on ethical and legal principles to protect themselves from legal implications. In keeping with these corrective actions, nurses also need to make sure that their documentation is accurate. Negligence and Malpractice Negligence as defined by Wacker-Guido, is “a general term that denotes conduct lacking in due care” (2010) and it is defined by the Oxford English Dictionary as the “Lack of attention to what ought to be done; failure to take proper or necessary care of a thing or person; lack of necessary or reasonable care in doing something; carelessness” (“Negligence,” 2015). The Oxford English Dictionary defines malpractice as, “treatment given by a member of the medical profession that departs from a generally accepted standard of practice and results in injury to the patient, through negligence, ignorance, lack of skill, or malicious intent” (“Malpractice,” 2015). According to Wacker- Guido (2010), the definition of malpractice is “any professional...
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...1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. To begin with, when people think of professional liability in healthcare, they usually think of medical practice, a form of negligence. Negligence by definition is known as one of the most common type of malpractice that exists in the healthcare industry. However, in order for a negligence case to be proven, four elements are necessary: Duty of Care, Breach of that duty, Injury and Causation, (J. W. Showalter, 2007). The first element, duty of care, requires all persons to conduct themselves as a reasonably prudent person would do similar circumstances. Generally, duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to no to place them in situations of undue risk of harm. For example, physicians have a duty to protect patients from foreseeable dangers that could lead to any injury. In case of a surgery, they have a duty to make sure all equipment are in good condition, so it does not lead to injury while the procedure is done. They also have a duty to take preventive measures which create a safer environment. The second element, breach of that duty, requires expert testimony, which normally comes from the defendant’s fellow practitioners because they know the standards of practice best. For example, a specialist may testify about the standards for general practitioners if she is knowledgeable about...
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...Tort Law Cases/Assignments Trial Procedures Lewis v. Robinson 2001 BCSC 643 British Columbia Supreme Court The plaintiff, Kenneth Lewis, was a delivery person. He knew that the defendants, Will Robinson and Marci Salach, were the new owners and occupants of the property, but Lewis didn't know that the defendants had a dog. Lewis entered the property and was confronted by Salach and her dog. She was holding the dog's leash at the time. Most times, the dog was chained to its doghouse on the defendants' property. However, on this particular day, Lewis arrived on the property, startling Salach and the dog. Salach asked Lewis to identify himself, received no response, and then warned him that the dog did not like strangers and to be careful. Lewis saw the defendant speaking, but claimed he couldn't hear her as the dog was barking. He tried to pet the dog and then tried to move out of the dog's range when the dog bit his hand. Prior to this incident, the dog had never attacked, bitten, or lunged at strangers, and there was no evidence of complaints from neighbours or friends. Lewis brought an action for damages, but his action was dismissed. For Discussion 1. Why did Lewis bring an action against the defendants . Lewis believed he was entitled to damages for the injury he suffered when the dog bit his hand. 2. Summarize the conflicting evidence. Lewis claimed...
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...satisfy itself “that Deirdre’s addictions were under control and that she was capable of looking after her son”. If it acted with reasonable care in making that assessment, then obviously it will not be held liable because it was not negligent at all. 2. Proximate cause If the agency failed to take reasonable care in the assessment and return of Paul, an issue of proximate cause arises. The agency’s negligence did not directly cause the harm that befell Paul. The immediate cause was Deirdre’s failure to look after him. Nevertheless, it is unlikely that Deirdre’s actions (or inaction) would be regarded as the sole cause of Paul’s harm, so as to relieve the agency of liability. The possibility that Deirdre might not be able to look after Paul because of substance abuse was the very risk that the agency should have guarded against when considering whether to return Paul to Deirdre. If the agency was negligent in returning Paul to Deirdre’s care, an injury to Paul because of Deirdre’s inability to care for him was clearly a foreseeable consequence of that negligence. The fact that Paul’s injuries were made worse as a result...
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...The term of delict is borrowed from Latin delictum which means offence or wrong. The general principles of delict include: damnum injuria datum, duty of care and neighbourhood principle, reasonableness, and culpa. The law of delict is a part of civil law, and it is based on a concept Damnum Injuria Datum – loss caused by a wrongful act. It focuses on the liability for loss, personal injury or damage to property caused by wrongful acts, whether intentional or accidental. The most common form of delict is negligence – a harm caused unintentionally by carelessness act. It is a failure in taking a reasonable care that should be exercised by a reasonably prudent person. In order the negligence claim to become successful certain criterions must be met. Firstly, it must be showed that the defendant has owed a duty of care to the victim. Duty of care is a legal responsibility, and it means that everybody must act within a certain standards towards certain people in certain situations. It includes the ability to prevent a foreseeable harm to a victim. This principle was defined by case Donoghue v Stevenson (1932). In this case Mrs Donoghue suffered serious gastric problems after consuming a bottle of a ginger beer which contained a decomposing snail in it. The victim did not buy this drink herself, which means that there was no contract with the café owner. Thus, she could not sue the café owner for her harm. Instead, she sued manufacturer for delict. It was held by the House of...
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