but, nurse negligence is far more common than people think. Nurses are often responsible for filling out information on a patients chart, administering a patient’s medicine, taking vital signs and recording them accurately. Clearly, there are many duties that a nurse must perform, and there is no room for negligence. Nurses carry on many responsibilities and can be liable for any malpractice. Nurses are the “backbone” to the doctor, and are there for a patient when the doctor cannot be there (Nurse
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Case 1 Q1 1. Tort indicates the defendant who undertakes the wrong behavior and not fulfill the duty of care which regulated by the legislation. 2 the plaintiff will be suffered from damage to property and even the personal damage if the duty regulated by the law not be performed. 3 the employer has a duty to take responsibility to employee’s duty of care in the security. If the employer provides the unsafe or defective equipment to the employee on purpose, apparently there would be someone suffered
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a mode of performance, or whether it is so removed from an authorised act that it may be deemed independent. Duty of Care The general principle is that “a person is not liable for damage to another through his or her negligence unless a duty of care is owed” [2] [4] “The law concerns itself with carelessness only where there is a legal duty to take care. A person owes a duty to take reasonable care to avoid acts or omissions which he or she should have reasonably foreseen would be likely
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Nursing Law Duty of care: This can be defined as duty that healthcare professionals owe their client in order to avoid unreasonable risk of harm to patients receiving nursing care under them. Duty of care is expected where a person is responsible for the care of others. A nurse has a legal duty to be careful when nursing a patient If a health care professional is careless in his or her nursing practice, this is known as breach of duty of care and such professional can be held liable for such act
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taxi stand without checking that the new driver will be able to drive the bus or not. Tort law comprises of negligence and vicarious liability. 2. Analysis Legal rules of negligence a. Breaking of trust b. The defendant was in breach of that duty. c. The plaintiff who is the passenger has suffered injury and he died. Legal rules of tort a. There must be some act on part of defendant. b. The act should result in legal damages ie. Violation of a legal right vested in the plaintiff. c. There
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negligence. Nursing malpractice occurs when a nurse fails to competently perform her/his medical duties and that failure harms the patient. There are a slew of ways that a nurse can harm a patient—from failing to notify a doctor when something is really wrong with the patient to administering the wrong drug. Like malpractice involving physicians, nursing malpractice happens when a nurse does not fulfill duties in a way that a competent peer in another location would do in the same situation, and that
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Assignment Task 1: The Advertisement - Term of contract, Misrepresentation or Mere Opinion? The initial issue is to classify the University of Kew’s advertisement that induced Brad to enter into a contract. If it constitutes a term of the contract, then contractual remedies would be awarded if there was a breach[1]. If it is a misrepresentation, then Brad would be provided with remedies for common law misrepresentation. However, if it is a mere statement of opinion or a prediction about the
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In today’s health care, there are laws set in place to protect the well-being and best interest of the patient. These laws range from tort laws, criminal laws, and contract laws. Although each of these laws are set in place to protect the patient to a certain degree of wrongdoing on the physicians and medical facilities part, they can be distinguished by which one affects health care professionals directly compared to indirectly. In this paper, I will discuss the Tort Law, the law that most directly
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Running head: Law, Tort Law, Criminal Law, Contracts, and Civil Procedure | | | Law, Tort Law, Criminal Law, Contracts, and Civil Procedure In defining the term law, tort law, criminal law, contract and the sources from which law derives, I will use a case that took place in 1929 “Donoghue v Stevenson” to demonstrate the these laws which will show a successful negligence suit, as well as defenses a defendant presenting evidence to refute a plaintiffs
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QUESTION THREE Alistair wants to build a new restaurant in Sherbrook Forest in the Dandenong Hills in Victoria. He finds a piece of land which is perfect for his purposes and which he wishes to buy so that he can build the restaurant on it. He telephones the local council and asks to be put through to the Planning Department. David answers the call and Alistair tells him of his plans and asks if the Council has any plans regarding the land he wants to purchase. David says that as far as he
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