...Medical Negligence It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes”. Mistakes or Negligence in medical profession may lead to minor injuries or some serious kinds of...
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...Critical analysis of negligence and present legal scenario Abstract- The goal of this topic is to set out clearly what critical analysis is in general and how it plays itself out in variety of domains. Critical analysis too refers to critical thinking. The danger of misunderstanding and misapplication is touched in this topic the aim of this topic is to identify a coherent legal response to a particular casual problem of “negligence” in critical analysis it is important to identify the focus of the assignment .critical begins with identify your own point to view Introduction The motto to look for negligence as a cause of action under the Law of Torts .conduct negligence is cause of the harm to plaintiff where as plaintiff was harmed or damaged. The concept of negligence comes from the liability for wrongful acts of others .There are many more important...
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...the innkeeper is responsible for the reasonable care and safety of the attendees in the swimming pool, according to the Rule 10D5.81(1) of the Department of health and Rehabilitative Services. The main discussion in court could be that the innkeeper does not prevail due to its negligence per se. Therefore, Mrs. Downey should file a claim, considering that she did not contribute in any way to be injured. Moreover, one can assume that she was badly injured considering that she was hospitalized for three days. However, to be completely fair, the innkeeper should argue that the Mooney twins ‘parents also failed to closely supervise their children and that as a consequence they should share liability under the Comparative Negligence Clause. Even though the argument will have a substantive weight during the trail or mediation process, there is the fact that the twins blatantly ignore the warning sign and...
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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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...| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable) | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form. | OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW1100).Agreement X ...
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...A lawsuit was brought against Tim Clancy by Dianna Goad to recover damages from Clancy’s alleged negligence. While driving, Clancy fell asleep behind the wheel of his pickup truck, crossed the dividing line toward oncoming traffic, and collided with Dianna Goad and her motorcycle (Cheeseman, 2016). This accident severed Dianna’s leg above the knee, caused her to remain in a coma for two weeks, and cost her $368,000 in medical expenses alone (Cheeseman, 2016). In order to determine if Clancy was negligent, one must prove that Clancy owed and breached the duty of care, damages/injuries, and that Clancy was the actual cause (Cheeseman, 2016). Goad must be successful in proving Clancy’s negligence; otherwise, the case will be dismissed. According...
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...basis. A well-developed disaster plan would have been instrumental in dealing with internal and external issues in such a large snow storm. Regardless of the weather, the hospital is still required to provide adequate care to its patients. Failure to do so raises several legal questions. There are at least three legal matters to be considered. First there are the legal considerations of Liability and Staffing. Was the hospital adequately staffed to provide a sufficient standard of care? In corporate negligence, it is the hospital that owes a legal duty directly to the patient. (Showalter, 2007, p. 136) The premise of this law states that hospital is responsible for providing a staffed facility, the equipment and safe environment needed to provide care for its patients. If violation to this law is the cause of injury, liability can be considered in regard to standard of care. (Showalter, 2007, p. 138) The second legal question is whether the hospital is Negligent. Negligence is defined as the failure to do what a reasonably, careful and prudent person would do under the same...
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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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...Torts II Outline DUTY Medical Malpractice • Professional Standard of Care (Medical) o SOC: Doctors must meet the standard of care of an ordinary prudent physician that must have and use the knowledge and skill of a member of the profession in good standing. ▪ Does it help or hurt doctors? • Does impose burden → Must have knowledge, info and use • Does help → lesser standard or care → refers to only what doctors do ▪ How is it different than reasonable SOC? • (1) Must have expert testimony to establish SOC o Must be relevant to what doctors do ▪ Cannot give % of risk of conduct or “What I would do” ▪ Will not get to jury o Exception → Do not need expert testimony for things apparent to laymen or gross negligence • (2) Custom Sets Standard → Different than T.J. Hooper where Custom does not set standard → Only way to prove is with expert testimony ▪ “HONEST MISTAKE” • Disfavored → Few will instruct jury of “honest mistake” • Some courts do not admit apologies as evidence o Locality Rules (3 Approaches → Split of Authority→ Minority Approach) ▪ (1) Local SOC → Used to be generally → The expert must know the SOC in their exact locality ▪ (2) Modified Locality SOC → The testimony is sufficient if the expert knows the SOC that is same or similar to locality in which the practitioner practices → General rule but not for specialist. ▪ (3) National Locality SOC → Every practitioner held...
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...employer. When the employee signs a contract is willing to be bound and give the employer the best of his work. Most important the employee is supposed to follow all lawful and clearly given command of his employer and any difference or negligence of duty is punishable under law as well. In other words, the employee is bound by rules and regulations at his workplace and it could be liable for a penalty or punishment in case of violation of any kind. The employer is also bound to provide certain workplace conditions to the employees and the employer needs to give clear instructions to his employees to avoid errors. Thus both employee and employer should perform their part of duty in the best interest of the business and attract more customers. In Longmeid v. Holliday, the distinction is recognized between an act of negligence imminently dangerous to the lives of others, and one that is not so. In the former case, the party guilty of the negligence is liable to the party injured, whether there be a contract between them or not; in the latter, the negligent party is liable only to the party with whom he contracted, and on the ground that negligence is a breach of the contract (6 Ex 761, 155 ER 752). Every man who, by his culpable negligence, causes the death of another, although without intent to kill, is guilty of manslaughter. (2 R. S. 662, § 19.) A chemist who negligently sells laudanum in a phial labeled as paregoric, and thereby causes the death of a person to whom it is...
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...how the liquid substance reached the floor. Tom argued that Kresge’s is liable for her injury because it occurred as a result of a condition created by the store’s "mode of operation." She also contends that the store should be held liable because the accident-causing condition had existed for such a length of time that in the exercise of ordinary care, Kresge’s should have known of the condition and taken action to remedy it. She also argued that there was enough evidence of careless general practices from which the jury could infer that the store was negligent despite having no notice of the particular condition that caused her injury. The tort of negligence, which Tom based her case on, is based on the existence of a breaking of the duty of care owed by one person to another. A typical formula for evaluating negligence requires that a...
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...Unit 2 Part 1 Shamica Jones Kaplan University Business Law September 1, 2013 The factors that indicate whether Davis owed Esposito a duty of care, so as to avoid allegations of negligence consist of three basic elements. “They are: 1. The likelihood that Davis’ conduct will injure others, taken with 2. The seriousness of the injury, if it happens, 3. Balanced against the cost of the precaution he must take to avoid the risk of negligence. . If the product of the likelihood of the injury exceeds the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence.” The Louisiana law that set precedents over trip-and-fall cases was Frelow v. St. Paul Fire & Marine Ins. The ruling in this case was that Louisiana law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct the flow of pedestrian traffic. Esposito was walking out of an exit of an arts and crafts show when Davis, an employee of the show’s producer decided suddenly to turn, without warning, and knock Esposito to the ground. One witness account said, “It appeared as if Davis had forgotten something because he snapped his fingers while quickly turning”. Davis admitted that he did not look when he turned. These factors indicate that Davis was negligent. It was the show’s producers’ responsibility to make sure that precautions were taken to avoid risk on the property. Esposito had to prove that Davis...
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...THIRD DIVISION [G.R. No. 143360. September 5, 2002.] EQUITABLE LEASING CORPORATION, petitioner, vs. LUCITA SUYOM, MARISSA ENANO, MYRNA TAMAYO and FELIX OLEDAN, respondents. Santos Pilapil & Associates for petitioner. Mercado Lim & Associates Law Offices for private respondents. SYNOPSIS Petitioner sold a Fuso Road Tractor to Ecatine Corporation. However, the sale was not registered with the Land Transportation Office. The controversy in the present case arose when the said tractor, driven by Raul Tutor, an employee of Ecatine, rammed into a house cum store of respondent Myrna Tamayo which resulted to deaths and physical injuries. Tutor was charged with and later convicted of reckless imprudence resulting in multiple homicide and multiple physical injuries. The trial court ordered petitioner to pay actual and moral damages and attorney's fees to respondents. It held that since the Deed of Sale between petitioner and Ecatine had not been registered with the Land Transportation Office, the legal owner was still the petitioner. Thus, petitioner was liable to respondents. On appeal, the Court of Appeals sustained the decision of the trial court. Hence, this petition. In affirming the assailed decision, the Supreme Court held that petitioner was liable for the deaths and the injuries complained of, because it was the registered owner of the tractor at the time of the accident. The Court has consistently ruled that, regardless of sales made of a motor vehicle, the registered...
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...their “fake” recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the “right” thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain. I think the Laura Nash method is a good method to use in this example, as it is an ethical and very emotional concern that the company is now facing. When using the Laura Nash method and asking "How would I view the issue if I stood on the other side of the fence?" I have the following opinions. 35 cents a package cannot bring back the lives of those who have died from taking their medication. Saving 35 cents a package does not take back the medical problems each of these individuals and their families have went though, even after they did survive. Saving 35 cents a package will also not help Robins & Robins reputation for doing future business nor did it save them in the legal fees and settlements they will have to pay out. The additional questions in the Laura Nash model includes "Am I able to discuss my decision with my family, friends and those closest to me?" "What am I trying to accomplish with my decision?" "Will I feel as comfortable about my decision over time as I do today?" The answers to these should be obvious to most people. If the CEO of Robins & Robins...
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