agent ’s behavior and must then assume some responsibility for the agent ’s actions (Phelps & Lehman 2005). Most medical malpractice suits are filed as result of negligence (ie‚ a type of tort or civil wrong) - Negligence is defined by what a reasonably prudent person would or would not do in the same or similar circumstance. Negligence can result from the individual medical provider or from some type of agency relationship that exists between two or more health care providers. In general‚ when we
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Rainah Herring Student number: 17038485 When working within the nursing profession‚ it is of great importance for a nurse to act lawfully within their roles and responsibilities. It is imperative for nurses to comprehend legal aspects such as negligence‚ duty of care‚ documentation and confidentiality. As such acting lawfully will protect and reduce the risk of becoming deregistered and provide a high standard of care for the patients. I choose to study nursing for various reasons. My family
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True Story of Erin Brockovich Anderson v. PG&E [pic] Michael Kelly Business Law Professor Chowdry Erin Brockovich is the story of a woman who helped 650 people in Hinkley California get justice for the actions of Pacific Gas and Electric (PG&E.) The case was titled Anderson v. PG&E and was actually settled outside of court. It was settled in the Superior Court for the County of San Bernardino‚ Barstow Division. The parties agreed on a settlement of
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Introduction to Business Law Critically evaluate‚ in relation to the common law duty of care‚ the liability of employers for references. How‚ if at all‚ does the liability of a university (such as the University of Sussex) differ regarding references given to potential employers in respect of current (or former) students. Candidate number: 122970 Seminar Tutor：David Davies Module
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reasonable person would not have done and caused harm to a patient. There are two Latin terms that can be used to describe aspects of negligence. These are known as doctrines. Res ipsa loquitur‚ or “the thing speaks for itself”‚ is the term used in cases that involve situations when a nick is made in the bladder while a surgeon is performing a hysterectomy. The negligence is obvious. The other doctrine‚ respondent superior‚ “let the master answer‚ “expresses that physicians are responsible for their
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causing an audit report to include any matter that is “misleading‚ false or deceptive in a material way”. To be proved in cases of civil liability Mr Justice Woolf in the case Lloyd Cheyham v Littlejohn (1985) established the 4 issues of duty of care‚ negligence‚ causation and quantum. The duty of care issue asks whether the defendants owe the plaintiffs a duty of care. The law is built on a series of important cases. The high profile case Caparo Industries plc v Dickman & Others (House of Lords 1990)
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Caption Hazelwood being intoxicated and then leaving the bridge enabling him not to make the call to turn the ship he committed a negligent tort. Due to his negligence the ship did not turn in time and spilled thousands of barrels of oil in the William Prince Sound in Alaska. He did not intentionally mean for the ship to spill the oil‚ but his negligence lead to that outcome. Exxon was found in fault of Captain Hazelwood’s torts‚ this meant they had to pay punitive damages to those affected by the oil spill
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Transportation Code‚ § 22-412.3 - US‚ it can be seen that seat belts can not be an evidence of the victim negligence‚ which can reduce the liability of the insurance company or the party causing the damage (General Assembly of Maryland‚ 2017). For instance‚ the case of Froom v Butcher [1976] 1 QB 286 (Witting‚ 2015). The plaintiff was injured in a car accident due to the defendant’s negligence. However‚ the plaintiff was later found out that he did not wearing seat belts. That leads to a controversy
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willfully inflicted. Negligence was distingue as a different tort. The basic idea is today is that a breach of duty constitutes a tort. In American there are courts that treat unjustified and willful as tortious‚ but other courts have stated that the act must be tortios by law. Torts that hurts someone feelings or reputation are considered to be personal torts. Torts that involve personal property‚ real are property torts. There are many different classes of property torts such as negligence and automobile
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Barker In this article‚ Andrew Barker‚ from the Faculty of Law at the University of Otago‚ considers two recent decisions on the duty of care in negligence: Sullivan v Moody‚ from the High Court of Australia‚ and Cooper v Hobart‚ from the Supreme Court of Canada. In these decisions‚ the two courts have re-evaluated their approach to the duty of care in negligence‚ and suggested new approaches to this problem in an attempt to remove some of the uncertainty their previous decisions have created. After reviewing
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