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
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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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Case note on Carmel Collins v Mid-western health Board and O’ Connor This case concerns the death of a man in his early 40’s from a subarachnoid haemorrhage. In the HC the learned trial judge found there to be no action in negligence. The case was appealed to the Supreme Court. The deceased first fell ill on the 20th February 1991 while at work on a building site. He visited the second named defendant in his surgery later that day, after his wife had made an appointment over the phone. She
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treatment of Mr. Parker the plaintiff needed to prove that Dr. Green did not perform her duty, breached her duty, caused the injures, and that she suffered damaged. In this case, Dr. Green did not exercise reasonable care under the circumstances by not following the manufactures stated dosing instructions and prescribing the incorrect dose in both oral and written instructions. Dr. Green violated her breach of duty by failing to meet the applicable standard of care. It would be hard to argue that others
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negligent person might also disregard their duties whereas a sensible person would not. There are different types of negligence which include misfeasance, malfeasance, and nonfeasance. Misfeasance is when a provider does the correct action incorrectly causing an injury. Malfeasance is when a provider performs an act that is deemed unlawful such as performing a procedure in a state where it is illegal. Nonfeasance is when a provider fails to perform duties that a reasonable person would have fulfilled
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other person a duty of care; and 2.They breach the duty of care; and 3.Their breach causes the other person to suffer reasonably foreseeable harm 1. DUTY OF CARE RELATIONSHIP - between parties, does one owe a duty of care to other? Doctors owe DOC to patients AN EXISTING RELATIONSHIP BETWEEN PARTIES WHERE THE DEFENDANT HAS ASSUMED RESPONSIBILITY FOR THE PLAINTIFF – DUTY OF CARE OWED. TAME V NEW SOUTH WALES [2002] PG. 188 – Established relationship between defendant and plaintiff – duty of care owed
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plaintiff can prove that three essential requirements are satisfied: Three essential requirements that must be satisfied in order to establish liability in negligence: (a) That the defendant owed the plaintiff a duty of care * Pre – existing relationship will create a duty of care. OR * “Neighbour principle” from Donoghue v Stevenson- Reasonable foreseeability test, and * Salient Features If pure economic loss (negligence misstatement framework): extra criteria required
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a safe state. One day the plaintiff was in the coach when it collapsed and suffered injuries as result. He tried to sue the defendant in negligence but was unsuccessful. The court held that the defendant already owed a duty of care in contract, it could not also have a duty of care in tort. This case took place during the infancy of the industrialisation in the 19th century when it was in public interest to encourage innovation and technology. Similar social engineering also saw the courts in
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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 did not breach the duty because the plaintiff only reported abdominal pain. It performed effective treatment regarding abdominal pain. The death of
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Business Law Group Assignment Question 1. a) i) Issue: 1.Does the proprietor, Quills Department Store, owe a duty of care to its customers to take reasonable care to protect such customers from foreseeable harm? 2. Dose the cleaner own owe a duty of care？ 3. Dose the floor polish manufacture owe a duty of care? Rules: 1. Neighbour test—the neighbour should be the person who are so closely and directly affected the others that the person ought reasonably to have them in contemplation
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