...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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...Negligence Latasha Adegboruwa University of Phoenix Health Law and ethics HCS/478 Lynda White April 18, 2011 Negligence “Registered nurses have more professional accountability than at any other time in the history of nursing. As a result, nurses must confront the fact that they now owe a higher duty of care to their patients, and by extension, are more exposed to civil claims for negligence than ever before”(Weld and Bibb, 2009, p 2). “Negligence is described as failure to use such care as a reasonable prudent and careful person would use under similar circumstances” (Weld and Bibb, 2009, p3). Common examples of negligence are malnutrition, inadequate hydration, physical injury was done, and it was the result of the nurse’s care or lack thereof. There are five main elements in a nursing negligence case and all five elements have to be proven for a case to be valid 1. The nurse had a duty to perform. 2. The appropriate care was not apparent in the situation. 3. There was a breach of violation of care 3. There was injury proven to result from the nurse’s negligence and 5. There is proof that damages occurred as a direct result of the situation. (Avery, 2009). Gross negligence is a more serious form of negligence and goes further than carelessness. While regular negligence is seen as a person falling below the standard of care, gross negligence is seen as complete failure to show care and in fact implies recklessness or a willful disregard for the safety...
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...BUSINESS LAW A) Jane, a youth worker, confiscates a flick knife from a member of her youth club and gives it to her supervisor. B) Tony, an antique dealer, displays an old military knife with a spring opening device in his shop window with a price ticket attached to it. C) Fola buys an unopened box of kitchen utensils from a car boot sale. Without examining the contents closely she donates the box to a charity shop. The box is found to contain a flick knife. Any individual, who produces, offers or contracts or offers available to be purchased or contract, or uncovered or has in his ownership with the end goal of offer or employ or gives or provides for another individual (an) Any blade which has a cutting edge which opens naturally by hand weight connected to a catch, spring or other gadget in or joined to the handle of the blade, off and on again known as a "flick knife" or "flick blade"; or (b) Any blade which has a sharpened steel which is discharged from the handle or sheath thereof by the power of gravity or the application of diffusive energy and which, when discharged, is secured by method for a catch, spring, lever, or other gadget, now and then known as a "gravity blade", should be blameworthy of an offense and might be obligated on rundown conviction on account of a first offense to detainment for a term not surpassing three months or to a fine not surpassing fifty pounds or to both such detainment and fine, and on account of a second or resulting...
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...the three mini clips presented, one thing is surely important - our safety. Proper procedures and guidelines must be strictly followed by all crews on board. All members including the officers must have enough knowledge on how to use all electrical materials and gadgets on ship and they must apply it at all times. As seen on the movie, negligence and carelessness results damage to property and people on board. Accidents always happen when lack of concern and disobedience rules them. Therefore, everyone’s life becomes at risk. Small things which should not be a cause of trouble turn out to be a big mess and worst it sometimes leads to death. One specific example is from the clip showing the importance of electrical safety. Instead of testing all the electrical equipment first and wearing protective gloves and goggles, the character in the movie just plug it directly which results to his sudden death. In the movie Seven Sailors, it shows how carelessness affects the whole ship operation. Instead of taking it as a minor damage, it becomes larger to the extent which they never expected. For the last clip, Just Another Mishap, it emphasizes negligence on hospital ship. Proper medical ethics must be strictly followed even on board because lives of all officers and crews are at stake here. In the end, the movies only show how important for us to follow proper procedures no matter how simple the task may seem. Accidents always happen but can be controlled so long as we know how to act...
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...How personal Injury attorneys bargain their settlements Personal injury lawsuits arise for a variety of different reasons - from defective products to unsafe workplaces to driver negligence. As a victim, you are entitled to file a lawsuit to cover current costs associated with your injury, such as medical bills, lost wages, and vehicle repairs, as well as estimated future costs. Many times, a person will decide to accept the offer from an insurance company that represents the negligent party. However, if an injury victim wants to make sure that the compensation truly matches the injuries, then he or she should seek the advice of an attorney who knows how to file a personal injury lawsuit. Figure out whether There Are Grounds For A Lawsuit...
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...manufacturer of packaging materials, and aluminum smelting. Alumina falls under jurisdiction of Region 6 of the EPA. A tort is the French word for a “wrong.” The law provides remedies to persons and businesses that are injured by the tortuous actions of others (Cheesman, 2010). Kelly Bates claims Alumina did not comply with the Environmental Protection Agency (EPA) legal limit of producing PHA. The drinking water in Lake Dira was found to be unsafe, which caused leukemia in her 10 year old daughter. The plaintiff has filed a million dollar personal injury lawsuit against Alumina to recover punitive damages (Business Regulation Simulation, 2009). Two of the possible tort violations in this simulation are negligence and liability. The potential for negligence in this case must be proven to contain breach of duty and duty of care. The liability tort must prove failure to protect and failure to warn. Alumina, Inc. has a clean record in compliance issues except the violation that took place five years ago resulting in punitive damages. Because of their previous track record they are in a good position to defend themselves. The plaintiff has to compile evidence...
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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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...Nanette Toledo You Decide- Week 5 MGMT -597 The facts of this case are presented below. Coleman, an employee of Software Inc., worked mostly on the road servicing and visiting customers around the country. In one of his trips, he decided to stop by a jewelry store to buy a gift for his wedding anniversary to his wife, but was too expensive. Instead, he stole a ring because he could not afford it. After that he went on a business meeting at Jimmy’s Poor-Man’s Bar to see John, a customer. He spilled his drink and after that decided to do a flame with his mouth using grain alcohol. He killed Jimmy and did serious damage on the property. Software Inc. policy to fire employees is to have a final interview with him, but they fail to do so with Coleman, due to the severity of the happening. Even though he was fired, he arranged a meeting to do a sorry dinner for what happened at the bar with John, stating that Software Inc. would pay for everything. At the dinner, John called Coleman fat, and he responded by punching John in the eye and causing severe damage. Jimmy’s mom, John, Jimmy’s Poor-Man’s Bar (partnership owned by 5 partners), and the jewelry store sued Software Inc. for the damages caused by their employee. There are some questions or problems arising from this situation. First of all, Software Inc. needed to give Coleman the final interview upon as establish on Software Inc. employee’s contract. Can Coleman win this termination sue? Also if the incidents happened...
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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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... Scenario: WIRETIME, Inc. (Steve and Walter)-Stephanie Discuss any liability BUGusa, Inc., may have for Walter’s actions. Scenario: BUGusa, Inc., Plant Parking Lot-Vontice What defenses may be available to BUGusa, Inc.? Explain your answer. Scenario: BUGusa, Inc. (Randy and Brian)-Gwinnette What defenses may be available to BUGusa, Inc.? Explain your answer. Randy committed a tort of negligence in speeding and colliding with Brian’s vehicle. He did not intentionally hit him but his speeding contributed to the accident. Randy was negligent in his driving BUGusa, Inc.’s vehicle. BUGusa’s defense could be held under absolute privilege. This states that all federal officials have immunity in the Constitution via the “speech and debate clause” and BUGusa contracts with the federal government as well, making them a federal official as well. Scenario: BUGusa, Inc. (Sally)-Gwinnette Sally may have a successful case against BUGusa, Inc., for what torts? Explain your answer. This could be a case of negligence. BUGusa knew that the wires needed insulators and they failed to make sure that all defective merchandise was replaced to avoid injury. Very similar to when a car has a defect and is recalled. They should have made sure all product was recalled...
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...INTRODUCTION Law or rules can be defined and assessed in a variety of ways, but is more commonly known to us, the judiciary, “as the rules that society is bound to obey.”[1] These so-called “rules” or laws include government-made rules called “legislation” and judge-made rules called “Common Law” that are respected and enforced by our governments and our courts. Whether we speak in terms of Civil or Common Law traditions, certain characteristics can generally be said to apply to each in a common manner. These characteristics describe laws as being general and impersonal, obligatory, coercive and non retroactive.[2] We may attempt to summarize this notion by stating that law, no matter its origin, applies equally to each and every individual or citizen in a given society at a given time. Seemingly easy to understand, we must not fool ourselves to think that law is simple by nature. It is filled with nuances, definitions, interpretations, jurisdictions that often warrant separate applications to different people, thus challenging the very foundation of the above mentioned guiding principles. One legal principle that seems to fall within this general predicament is that of retribution and compensation. The idea is that when an individual or entity causes harm or damage to another, the former is obliged to restitute and compensate the latter for the damages that were caused. For example, in civil law, article 1457 of the Quebec Civil Code[3] states clearly that “where...
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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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...Basic principles of the Tort of Negligence 1. What are the differences between Contract and Tort? 1) Requirement for the contact: offer acceptance and consideration between the parties to form a legally binding agreement. (whereas in tort, there is no agreement between the parties) The parties are known to each other, and they are consensus parties. The compensation for breach of contract is to put the eviction in a position as if the obligations were fulfilled. 2) Tort is a wrongful act or omission for which damages can be obtained in a civil court by the person wronged. Wrongful act or omission which caused personal injury or property damage. The wrongful act or omission can be intentional or negligent. There is no agreement between the parties for an action in tort. 2. What are the 3 elements for a negligent action? 1) The defendant owes a duty of care to the plaintiff. Means-a person has a legal obligation to take care when he can foresee a loss occurring if he acts carelessly. The duty of care is owed to one’s neighbour (neighbour principle in Donohue --v- Stevenson case) – ie those person that are or should be in the contemplation of the defendant as likely to be affected by the defendant’s act or omissions. 2) The defendant was in breach of the duty of care. In determining whether the defendant has breached the duty of care, there are 2 stage processes, ie: a. The court has to establish the standard of care that...
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...Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. The four elements necessary to prove a negligence case are duty of care, breach of that duty, injury, and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care, performance, or observation imposed on one to safeguard the rights of others. This duty, for example, can arise from a relationship between a physician and a patient which may be as simple as a telephone conversation. Duty can also be established by contract or statute between a plaintiff and a defendant. The second element, breach of duty, is the failure to conform to or the departure from a required duty of care owed to a person. Once a duty of care has been created, the plaintiff must exhibit that the defendant breached that duty by failing to comply with the required accepted standard of care. Evidence of a breach of duty typically can be offered through expert testimony or res ipsa loquitur (“the thing speaks for itself”). Injury is the third element needed to prove a negligence case. The term injury is not limited to just physical harm but may also be comprised of loss of income or reputation and compensation for pain and suffering. According to Showalter, “it is not enough to prove that a physician failed to meet the standard of care and the...
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...Running head: BUSINESS REGULATION SIMULATION Business Regulation Simulation Bernice Davis Business Law LAW531 September 19, 2011 Alumina Inc. is a business that has “interests in automotive components and manufacture of packaging materials, bauxite mining, alumina refining, and aluminum smelting” (University of Phoenix, 2011). Five years ago, Alumina Inc. was in violation of environmental discharge due to a failed PAH concentration test that was above the prescribed limit (University of Phoenix, 2011). Kelly Bates has a daughter who is suffering from leukemia and is trying to establish negligence on Alumina Inc. and their violation from five years earlier. There are four torts that Alumina Inc. could be in violation with and they are intentional tort, unintentional tort, product liability and strict liability. Alumina Inc. will review if they have violated any of these torts and will try to settle with Kelly Bates. Intentional Tort An intentional tort is “a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries” (Cheeseman, 2010, p. 75). Alumina Inc. is having a suit brought against them that the environmental violation from five years ago contributed to Kelly Bates daughter’s leukemia. Alumina Inc. is faced with what the company should do in order to determine if such allegation is legitimate. The company decides it can either conduct independent site studies or investigate Kelly...
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