Dorrence Darling was an 18-year-old college football player. On November 5, 1960, he broke his leg when he was playing a football game. Following the injury, he was taken to the emergency room at the Charleston hospital for treatment. Dr. Alexander was on duty that day and used a plaster cast on the injured leg. However, shortly after the plaster cast application, the plaintiff was in enormous pain, his toes were protruding out of the cast, swollen and dark; subsequently, his
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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
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Confidentiality and Informed Consent Claudia Lewis PSY/305 6/29/15 Dr. Daniel Williams Jr, PsyD, MSW Confidentiality and Informed Consent Introduction Dear client this paper is to inform you, of your right to confidentiality, and further more explain the process of informed consent. In the world of Psychology and counseling, confidentiality and informed consent has been the cornerstone to our practices (University of Phoenix, 1994). This paper will help you to understand how the things
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regarding the slippery floor as well as the heating urn and steamer. She will be the plaintiff, and Christine, the defendant. Stella bears the burden of proof that Christine owed her a duty of care, but omitted to perform it, which caused her personal injuries and economic loss. The elements, including duty of care, breach of duty of care, and damage, must be proven on the balance of probabilities. If proven, Stella will probably be able to claim monetary compensation for her medical costs, loss of earnings
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Introduction Negligence Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness. For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by. A reasonable man would have foreseen this and taken the
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The California Supreme Court addresses a complicated area of tort law concerning duty owed. The need to protect privileged communication between a therapist and his patient and the protections of the public was being addressed. With respect to the liability of the police that released Poddar, the court stated that a public employee is not liable for an injury resulting from his act or omission where the act of omission was the result of his exercised discretion. Discretionary policy decisions which
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Under California State law is Nic Capri liable for negligent entrustment for an accident in which his daughter, Wendi Capri, caused, when having taken a car from her father’s car lot, of which she was an employee, while intoxicated from alcohol that her father provided, even though her parents had previously prohibited her from driving big cars due to the fact that she had gotten into three smaller accidents while driving their family vehicle? BRIEF ANSWER Probably yes. Liability for negligent
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Ques: what does duty to mitigate mean? Explain with at least two examples. Ans: When a person suffers damages as a result of a breach of contract, he or she has the legal obligation to minimize the effects and losses resulting from the injury. The duty to mitigate works to deny recovery of any part of damages that could have been reasonably avoided. "Reasonably avoided" has no specific definition, but generally means what a reasonable person would do under similar circumstances. An innocent party
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I would choose the perspective of the plaintiff, Fred Falldown. It is important to know that any business which welcomes the public onto their premises is legally responsible with keeping those people safe. All the stores that invites the public in to purchase goods, face some obligations to keep customers out of harm. In this case the defendant FB Grocery is guilty of causing injury to Fred. There was a slippery substance on aisle five and Fred slipped due to that. As per the law of a Premises Liability
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some condition on the premises by the owner/operator; (2) that the condition posed an unreasonable risk of harm; (3) that the owner/operator did not exercise reasonable care to reduce or eliminate the risk; and (4) that the owner/operator's failure to use such care proximately caused the plaintiff's injuries. Keetch v. Kroger 845 S.W.2d 262. (Tex. 1992)
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