Question 6‚ April 2006: Solution to fe1 question Bell Computers could attach liability to either Chemical Supply or Industrial Estates under the tort of Rylands v Fletcher. Chemical Supply’s Liability Rylands v Fletcher established that a person who “for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes‚ must keep it in at his peril‚ and if he does not do so ‚ is prima facie answerable for all the damage which is the natural consequence
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ATTORNEY FOR PLAINTIFF IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT INANDFOR MIAMI-DADE COUNTY‚ FLORIDA WILMA MAPLES‚ Plaintiff‚ CIVIL DIVISION vs. CASE: 13-2014-159753 DEPT. NO: XVII DOCKET NO: WE CARE FOR YOU HOSPITAL AND REHABILITATION CENTER‚ 1-5 DOES‚ 1-5 ROES‚ MOTION FOR SUMMARY JUDGMENT‚ NOTICE‚ AND BRIEF Defendants. ___________________________/ MOTION FOR SUMMARY JUDGMENT COME NOW‚ PLAINTIFF‚ by and through her attorney of record‚ Corey
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negligence rule in dealing with the causes and consequences of medical error‚ it would seem prudent to first understand the meaning of the term “medical error”. Liang defines medical error as ‘a mistake‚ inadvertent occurrence‚ or unintended event in health-care delivery which may‚ or may not‚ result in patient injury’ (2000‚ p.542). The consequence of these errors (or adverse events) that lead to patient injury‚ and the method by which we determine and administer compensation for such injuries‚ has been the
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emotional attachment and is primary based around your job‚ where as personal relationship has an emotional attachment due having family and personal friends and is not work related. Different working relationships in health and social care settings In the health and social care setting there are many different working relationships. These relationships will include colleagues‚ manager‚ other professionals such as doctors/district nurse‚ service users and their family and friends. For each you develop a
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Who is the reasonable man? Factors considered whether he adopted necessary care? Tort of negligence = failure by Def to conform with standard of behaviour. Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if‚ treated
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may lead to hurt the patients‚ may be counted negligence. The NCPA explained that lawsuit against pharmacist illegal activity can only be applied if the case include these elements‚ which are: the pharmacist had a duty of care and wrongful activity happened during the pharmacist duty of care‚ and then this wrongful activity harm the patient‚ then results should be damage the patient. If any of the four elements are not applied no lawsuit can be taken against the pharmacist. An examples of damages include
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Introduction to duty of care in health‚ social Care or children’s and young people’s settings Outcome 1 Understand the implications of duty of care 1.1. Define the term ‘duty of care’ Duty of care is the legal duty to take reasonable care so that others aren’t harmed. It is a requirement that a person acts toward others and the public with watchfulness‚ attention and caution that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts
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advice what actions she should take and relevant case law would be mentioned. Sarah give a lift to Ad to his workplace. She crashed her car and hit a bollard and another car on the road. To find if Sarah owes a duty of care‚ the Caparo test would be used. In order for a duty to impose a duty‚ there must be sufficient proximity. Ad and Sarah are both long standing friends‚ this shows that there is proximity between the two parties. This is shown in the case of Bourhill v Young. The court decided that
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due to emergencies. In such situations‚ often the lawyers would study the nature of malpractice and the emergency to reach a conclusion. Patients can sue the doctor in absence on this informed consent. Standard of Care - Standard of care denotes the parameters of providing medical care to the patient. It is propagated by the medical community that determines the action that could have been taken in same situation of medical malpractice. It does not consist of rigid rules but states the medical
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4 2.10 Vulnerability 5 3.00 The Elements of Negligence 6 3.10 Duty of Care 6 3.20 Breach of Duty of Care 7 3.30 Causation 7 3.40 Remoteness of Damages 7 4.00 Statutory changes to Common
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