standard of care. The nurses are also involved when patients get injured either physically and/or mentally as results of medical malpractice. Due to current shortage of nursing professionals, nurses on the job are inevitably overloaded with work and duties. Nurses are not getting enough rest that they need to stay alert at all times due to longer shifts. Inattentiveness often leads to medical mistakes that cause serious harm to patients. Another root of the nurse malpractice is under qualification
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1.The duty, this element requires plaintiff to act like an ordinary careful person. 2.Breach of Duty, which comes after establishing standard of care; hotel was negligence, the hotel should have protected its gusts, and it should have monitored the elevators from any strangers. 3.Causation, this element comes after the establishment of the breach of duty. This element often used to determine the causes of an accident. The “but for” test which determines the defendant action or absence of action
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High owe a duty of care to Persephone and Aphrodite? Consider the common law as well as any impact that the Civil Liability Act 2002 (NSW) may have on the common law. The main considerations that have to be taken into account when deciding whether Autumn Bay High owed a duty of care to Persephone and Aphrodite are the reasonable foreseeability of nervous shock and whether their duty of care was non-delegable. Under the Civil Liability Act 2002 (NSW) “the defendant owes a duty of care to the
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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?
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. Paul v. State family services agency 1. Standard of care Paul could allege that the State family services agency was negligent in two different ways: first, by returning him to his mother’s care before she was able to look after him properly; secondly, by failing to intervene to take him back into State care after receiving the neighbor’s telephone call. The question of whether the State family services agency acted negligently would depend upon an evaluation of what a reasonable agency
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or aseems to have decent in mind. 2. Rule 2.1 Step 1: Duty of care The very first rule to establish is whether the defendant, Don, owes a duty of care to the plaintiff, Patrick and Mary. Following the case of Donoghue v Stevenson (1932) , it is clear that the duty of care is not dependent on whether a contract exists, which there is none between Patrick and Don or Mary and Don. It is very much dependent on these things: a) A duty of care can be owned when giving advice/supplying information
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the protection or assistance of another. Legal duty means conforming to a certain standard of care for the protection of others against unreasonable risks. There is a duty of due care that the law recognizes one person owes to another. This duty may arise from a contract, a statute, common sense, or a special relationship the parties have to one another. Regarding students, the courts have found that schools and their employees have the duty to supervise students, provide adequate and appropriate
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BUSINESS LAW Date of submission: 26th of March 2012 Word count: 1081 words CONTENTS Topic | Page Number | Introduction | 4 | Duty of Care | 4 | Breach of Duty of Care | 5 | Causation | 6 | Defences | 7 | Conclusion | 7 | Reference | 8 | INTRODUCTION In this particular case, David would be the plaintiff and he would be suing Andrew on behalf of Robert Boyd Pty Ltd, who would then be the defendant in the case, under the tort of negligence. The reason for the evolvement
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Case 8-2 Ohio Plastics Ohio Plastics (OP) is an extruder of plastic sheets of varying color and size that are sold to engraving and business promotional firms who make signs, name tags and award trophies from the plastic sheets. OP is well known in the industry for making a high-quality product and for providing quick response times for orders. In 2003 OP had 75 percent of the U.S. market for plastic engraving sheets. During the last half of 2003 OP sales declined. Discussions with OP’s
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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
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