Preview

Niles Vs. San Rafael Case Study

Good Essays
Open Document
Open Document
468 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Niles Vs. San Rafael Case Study
In the case of Niles vs. San Rafael, the primary issue at hand is negligence on the behalf of Mount Zion hospital, the City of San Rafael, the public school district, and pediatric physician Dr. David Haskins. Negligence, as it pertains to health care, is defined as a failure to act with reasonable care, and results in injury or detriment to any patient or other individual. In connection to a head injury Niles sustained while at a ball field, all of the previously named have been held liable for Niles’ permanently incapacitated state.
Consequential ethics and utilitarian ethics theories are most applicable in this case. In the consequential theory, the consequentialist considers the morally right act or failure to act is one that will produce

You May Also Find These Documents Helpful

  • Good Essays

    In this case, the defendant, Fernando Maldonado, sued the plaintiff, Gateway Hotel of St. Louis for negligence after having received a knockout that interfered with his cognitive and motor functioning. Later, Gateway appeals the jury verdict in favor of the appellee on his negligence claims. Maldonado claimed the idea of negligence based on the piece of evidence that hotel had failed to provide an ambulance as well as an immediate medical monitoring team when he became unconscious. There are notable core legal issues in this case. To begin with, it is notable that the defendant cited the idea that delay of the ambulance had caused his condition to worsen, although he was later transferred to a hospital through an ambulance. In a huge way, he…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    It was found that the hospital was responsible for the injury that occurred under the care of the hospital…

    • 760 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Ethical theories are all different but some have similar views. Ideas change over time and the theories above prove that. The moral rightness of an outcome is best described as utilitarianism. The moral rightness of an action, regardless of the outcome, is best described as duty ethics. These two are opposites because one focuses on the action and one focuses on the outcome only. Duty ethics has two imperative commands that are important and necessary to follow if you want to be rational. Utilitarianism is all about happiness and producing the greatest amount of happiness. Of course, this is not always good because happiness is not everything. Utilitarianism sort of ignores human rights and virtues. Duty ethics is considered too strict for…

    • 233 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Utilitarian ethical theories are based on one’s ability to expect the concerns of an deed. Utilitarianism’s creed is that the result of any action takes importance over any type of means, this means that Utilitarianisms objective is to help as many individuals as possible even if it were to negatively disturb people along the way so as long as it helped the general populace. Basically, it’s the ends that matter not necessarily the means.…

    • 629 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Medical malpractice is when a doctor or another medical professional, such as a nurse or technician, does something or does not do something that causes an injury, harm or death to a patient. In the U.S., experts estimate that about seven in every 1,000 newborns suffer a significant, traumatic birth injury each year due to medical malpractice. Those injuries include, but are not limited to, autism, cerebral palsy, as well as Erb's palsy. According to Donald H. Beskind, a professor at Duke University School of Law, juries are typically influenced by three main factors when deliberating on malpractice cases: the degree to which it is clear who was at fault for the negligence, what money would do to improve the plaintiffs' quality of life, and…

    • 418 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Utilitarianism the theory that the right moral act is the one that produces the greatest good for society, emphasizes NOT RULES BUT RESULTS.…

    • 1265 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Utilitarianism theories hold that the moral worth of actions or practices is determined by their consequences. An action or practice is right if it leads to the best possible balance of good consequences over bad consequences for all affected parties. (Arnold, pp 17)…

    • 790 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Determine the ethical course of action for the following three scenarios from the perspective of each of the three philosophical approaches: consequentialism, deontology, and virtue ethics. Then, complete the matrix below by writing a few sentences stating the ethical course of action and the reasoning from that approach’s perspective. Clearly differentiate the reasons for each of the three approaches.…

    • 864 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    The Utilitarianism ethics theory suggest that an action is morally correct when it maximizes the total utility to produce more good than bad, or more happiness than suffering. Utilitarianism does not relate to morality nor ethics because these are actions are taken in order for the most usefulness, no matter the outcome or end result. Also if we do not know the end result of something we cannot determine if it is ethical or not.…

    • 454 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The first way to look at this problem from an ethical and moral point of view would be from the psychological egoist perspective. An egoist is a person who believes all that matters in moral issues are the elements that deal with…

    • 1505 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Shaw and Barry

    • 932 Words
    • 4 Pages

    Two different forms of utilitarianism are described in our text. The first is called act utilitarianism. According to Shaw and Barry, act utilitarianism states that we must ask ourselves what the consequences of a particular act in a particular situation will be for all those affected (p.60).…

    • 932 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Stakeholder, pleasure v. pain, numerical model of Utilitarianism - Utilitarian analysis as per required model (See required Utilitarian model below)…

    • 9503 Words
    • 39 Pages
    Powerful Essays
  • Powerful Essays

    Ethics Theory

    • 1850 Words
    • 8 Pages

    The utilitarian ethical theory is founded on the ability to predict the consequences of an action. To a utilitarian, the choice that yields the greatest benefit to the most people is the choice that is ethically correct. One benefit of this ethical theory is that the utilitarian can compare similar predicted solutions and use a point system to determine which choice is more beneficial for more people. This point system provides a logical and rationale argument for each decision and allows a person to use it on a case-by-case context (1,2).…

    • 1850 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    Ethics Virtue Theory

    • 489 Words
    • 2 Pages

    In today’s world, ethics is a very big issue that involves many different views and beliefs. Ethics has become more prevalent with the general public in today’s business world. When it comes to ethics, there are three main theories. The first is the virtue theory which is all based around virtue ethics. This is sometimes simplified into being character based ethics. It states that “to be an effective person in the world one must adopt various characteristics and habits and characteristics that others would deem as praiseworthy” (Boylan, 2009). The next theory is the utilitarianism theory which is best described as the team first theory. Utilitarianism is a theory that suggests that “an action is morally right when that action produces more total utility for the group than any other alternative” (Boylan, 2009). The third theory is the deontological theory. Deontology is a “moral theory that emphasizes ones duty to do a particular action just because the action, itself, is inherently right and not through any other sort of calculations-such as the consequences of the actions” (Boylan, 2009). This is a basic overview of the three basic ethics theories that exist today.…

    • 489 Words
    • 2 Pages
    Satisfactory Essays