1. Justify your position about the importance of the physician-patient and hospital-patient relationships. In a typical physician-patient relationship‚ the physician usually agrees to diagnose and treat the patient according to the standards of accepting medical practice and to continue doing so until the termination of treatment. A patient must have confidence in the competence of their physician and must feel that they can confide in him or her. This is always good‚ when you feel comfortable
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Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur 13 4.2 Novus actus interveniens 13 4.3 Causation in medical “failure to warn” cases 14 4.4 Multiple causes of injury/death 14 5 Remoteness 15 5.1 Eggshell skull rule 15 6 Defences 16 6.1 Professional working within professional standards 16 6.2 Contributory
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The Strain Theory There are many theories to crime causations one in particular caught my attention‚ one that I believe is the most accurate. The strain theory was developed in 1938 by Robert Merton and then updated by Robert Agnew in 1985. Agnew’s general strain theory is based on the general idea that “when people get treated badly the might get upset and engage in crime”. The general strain theory identifies the ways of measuring strain‚ the different types of strain‚ and the link between strain
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Moral philosopher Immanuel Kant famously stated that lying was unequivocally immoral even in extreme cases like protecting innocents from a murderer. He believed this approach was implied by the moral system he developed. Later philosophers‚ however‚ work have pointed out that his metaphysical framework does not actually imply a rule this strict and Kant‚ of all people‚ made a simple logical misstep. The question of what Kant thought about lying depends on whether we are talking about Kant the man
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begins by late childhood or early adolescence1. Many forms of IGEs have been linked to a single genetic mutation that follows Mendelian Inheritance; however it appears that there is a more complex mechanism that causes JME2‚3. Another insight on the causation of this disorder is that there are many genes associated with JME‚ in particular the EJM1 locus on chromosome 6‚ as shown by Greenberg and collegues by linkage analysis4. EJM1 was later found to include bromodomain-containing protein 2 (BRD2)1‚3
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Midterm Criminal Law State v. Doug Homicide: The unlawful taking of the life of one human being by another. Actual Causation : The defendant’s act must have been the “cause in fact” of the victim’s death. Without the defendant’s actions‚ the victim would not have died. “But for” Doug shooting and killing Tom‚ he would not have died. Proximate Causation: A defendant’s actions are the proximate cause of the victim’s death if the result occurs as a consequence of the defendant’s
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doctor had properly accepted his post in a hospital in order to gain necessary experience then he should only be held liable for acts or omissions which a careful doctor with his qualifications and experience would not have done. Causation: Causation would have to show that a health care professional has been negligent in some form or another. It must also show that the doctor at the time of the labour has caused the patient or victims any injuries. The test used here would be the
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BURDEN OF PROOF CASES R v. Oakes (SCC 1986) * Narcotics Control Act s. 8 puts persuasive burden on A by saying A ‘shall’ (as opposed to ‘may’‚ so judge has no discretion) be convicted of intent to traffic if he doesn’t ‘establish’ that he didn’t intend to traffic * Therefore R has a lesser burden of proof‚ just needs to prove that A was in possession‚ and R could get charge for possession AND trafficking * this puts defence in position where they’ll have to put A on the stand‚
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tort in the legal system. The concept encompasses that of which an occasion where an individual’s “acts leading to injury are neither expected nor intended.” (Yell‚ 1999) In this paper‚ the elements of a negligent tort‚ the concepts of proximate causation and duty of care‚ and types of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three elements of negligent tort. The first element is that of which the defendant had a responsibility of support and/or
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Bolton Metropolitan Borough Council v Municipal Mutual Insurance Co. Ltd& another [2006] 1 WLR 1492. It concerned claims brought forward by employers who were sufferers of mesothelioma‚ due to the prolonged exposure to asbestos. Traditionally‚ employer’s liability in the UK has always adopted the practice of the ‘exposure’ principle in formulating cover for mesothelioma claims. Therefore the employer’s liability policy at the time when the claimant was exposed to asbestos would respond instead of
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