Tort Law
1. Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application to the analysis of liability. 4. Discuss joint and several liability.
In this paper I plan to evaluate the scenario concerning Bobby, ACE Sports, the Nurse, the Surgeon and City General Hospital. I plan on explaining why each party should be found negligent, what type of negligence they should be charged with and how the Emergency Medical Treatment &Labor Act (EMTALA) could have prevented the loss of Bobby’s hands. ACE Sports In the scenario Ace Sport engineers are liable for charge with Product Liability. This is because they installed the backboard and rim without carefully examining it. The Rim had a piece of metal, which has caused severe injury. This holds the manufacturer, seller or supplier accountable for third party injuries sustained because of a defect in the product. While ACE Sport did not directly amputate the hands of Bobby, it was the source of the severe injury and could have been avoided if installed and inspected correctly. Nurse Williams Nurse William had a duty or standard of care to her patient Bobby that was established the moment Bobby arrived to the emergency room and she place the towel on his injury and told him to apply direct pressure. In most Emergency Rooms across the nation, standards of care for patients requiring medical treatment for life limb or eyesight do not require consent from a guardian or adult. In this scenario, I believe implied consent should have been understood and the verification of insurance should
In this paper I plan to evaluate the scenario concerning Bobby, ACE Sports, the Nurse, the Surgeon and City General Hospital. I plan on explaining why each party should be found negligent, what type of negligence they should be charged with and how the Emergency Medical Treatment &Labor Act (EMTALA) could have prevented the loss of Bobby’s hands. ACE Sports In the scenario Ace Sport engineers are liable for charge with Product Liability. This is because they installed the backboard and rim without carefully examining it. The Rim had a piece of metal, which has caused severe injury. This holds the manufacturer, seller or supplier accountable for third party injuries sustained because of a defect in the product. While ACE Sport did not directly amputate the hands of Bobby, it was the source of the severe injury and could have been avoided if installed and inspected correctly. Nurse Williams Nurse William had a duty or standard of care to her patient Bobby that was established the moment Bobby arrived to the emergency room and she place the towel on his injury and told him to apply direct pressure. In most Emergency Rooms across the nation, standards of care for patients requiring medical treatment for life limb or eyesight do not require consent from a guardian or adult. In this scenario, I believe implied consent should have been understood and the verification of insurance should