Consumer‚ Medical Profession and Negligence: Analysis Submitted by Ananya Pratap Singh Division-C Roll No.- 36 Class- 2011-2016 of Symbiosis Law School‚ NOIDA Symbiosis International University‚ PUNE In February‚ 2012 Under the guidance of Dr. Chandrashekhar J. Rawandale Director Symbiosis Law School‚ Noida C E R T I F I C A T E The project entitled “Consumer‚ Medical Profession and Negligence: Analysis“ submitted to the Symbiosis Law School‚ NOIDA for Law of Torts‚ MV Accident
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Reflection of the Professional Issue in Nursing As a nurse‚ I make judgement that would affect patient’s health every day‚ I am aware that I have a great duty to ensure my patient’s safety to maintain the public trust (Chitty & Black‚ 2011). After learning this module‚ it helped me acquire adequate knowledge to better manage legal and ethical issues at work. For the sake of providing a high quality of care to my patients‚ I must be knowledgeable in both (Croke‚ 2003). Nowadays‚ the public
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following: • the defendant owes the plaintiff a duty of care • the defendant has failed to comply with the required standard of care • there has been material damage to the plaintiff • damage caused by the defendant is not too remote Duty of care As‚ for the first time‚ demonstrated in the case of Donoghue v Stevenson ‚ negligence may exist despite there being no direct relationship between two parties. After the Shaddock’s Case ‚ the duty of care was extended to include the giving of information
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Plaintiff‚ Priscilla. [Note: The Employee of Vogue Beauty Salon‚ Veronica was vicariously liable for the damages of her actions.] Relevant Law and Application 1 Did the Defendant owe the Plaintiff a duty of care? As per Donogue V Stevenson‚ the law states that the defendant owe the plaintiff a duty of care if the negligent act causes physical or psychological injury to person or damage to property. It therefore must fulfill these two tests.
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initiated by the aforementioned. In contrast‚ criminal law seeks to punish those that has done wrongs against the community. For example‚ a person who decides to take the life of someone else commits murder. The community by way of its government has a duty to protect itself from being murdered. The result is Criminal Law which is enforceable by the State and initiated by the Police. Therefore criminal law is said to protect the community and punishes those that breaks the law with a fine‚ imprisonment
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Breach of duty Breach of duty is defined as when defendant has fallen below the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care‚ the claimant must prove that the defendant was in breach of duty. ------------------------------------------------- A breach of duty occurs when defendant has not taken care‚ i.e. has been negligent. STANDARD OF CARE Breach of duty in negligence liability is decided by the objective test‚ i.e. the defendant
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the police and turned himself in. This tragedy caused her parents to sue the university on the basis that Dr. Moore should have warned them. The result from the case created what is known as the duty to warn the third party. Later on‚ this was changed and no longer was there a duty to warn but now a duty to protect the third party. Confidentiality is a legal protection and assurance of ones right to privacy to a high extent. This concept is concerned with a matter of keeping secrets due
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Defences in Trespass to Person 1. Self-defence and defence of property‚ injury or damage suffered by the plaintiff is caused by the defendant. 2. The defence’s necessity – to save life. Law of Torts – Negligence * Negligence is a breach of duty of care‚ which results in damage to the claimant. * Case of Donoghue v. Stevenson (1932) * Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle
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person’s or organisation’s duty to take reasonable care in the circumstances‚ which causes harm to a person or organization. It is a manner that involves harm caused by carelessness‚ not intentional harm. For negligence to occur‚ the plaintiff will need to prove that the three factors are present; these being‚ the defendant owes a duty of care to the plaintiff‚ the defendant failed in his duty and finally‚ there must be damage to the plaintiff caused by the breach of the duty of care. Medical negligence
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Negligence is the breech of an obligation or duty to act with care‚ or failure to act as a reasonable or prudent person under certain circumstances. Actual loss or harm must occur in order for negligence to be considered. If loss or harm has occurred as a result of negligence‚ the act is considered a tort‚ and damages may be recovered ( money or form of compensation awarded by law as the result of the negligent action). Torts are willful or unintentional wrong doings committed by one individual
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