6.) We are going to examine each element of negligence/malpractice that exists with Randall McMurphy. Is the facility responsible for malpractice in their handling of Randall McMurphy? (YES or NO) Yes 1.) A counseling duty must exist between the client and counselor: After listing this first issue in assessing negligence/malpractice. Then provide “specific” information to justify your answer. There was an existing counseling duty between McMurphy‚ Dr.Speevie and Nurse Ratchet. It was
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Many times poor outcomes that people seek litigation are risks of procedures or illness‚ not necessarily negligence. Consumers of the health care fail to realize how the settlement of the litigation will be dispersed. These factors negatively impact the delivery of health care because it detracts from its ability to meet the two criteria of a functional health
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Civil Complaints Process HCS/430 October 10‚ 2010 Brenda Young Civil Complaints Process Civil complaints can arise when a patient feels as if they have been mistreated according to the “standard of care”. Some patients have legitimate cases‚ yet there are other people who are looking for a possible lawsuit. This paper will explore the process for filing a civil complaint against a physician. This paper will discuss what patients and consumers will use in the event of suspected misconduct
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FACTS Jim Smith‚ a resident of Detroit‚ MI‚ visited a local bar on or about April 10‚ 2011. He had a few drinks but did not become intoxicated. Just prior to leaving the bar‚ he asked the bartender for a cup of water‚ but the bartender mistakenly gave Jim a 6 oz cup to 40% Vodka‚ and he quickly drank it. Jim recalls that he noticed the strength of the drink‚ but concluded that it must be his imagination because he clearly asked the bartender for water. Jim left the bar‚ got in his car and began
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Mens rea Subjectivity is the recklessness and intention : the mental state of d Objectivity negligence compared to a reasonable mans actions * The mr for murder is did d have malic aforethought : did d have the intention to kill or cause GBH * Recklessness is subjective concept with an exception of criminal damage which is objective now but wasn’t before due to HOL decision in r v g because it included an objective standard of fault * motive and intention is different : Moloney
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Actus Reus AR = the conduct element. Prescribes what needs to be done‚ in what circumstance and with what result (but not necessarily all three). Result: V is killed (note that we don’t really criminalise results in themselves‚ but rather the causation of results). Conduct: in rape: penetration. Circumstance: property belongs to another. All crimes have an AR. It is possible to have missing MR elements but this is not so for AR. Omissions Stephen LJ: “It is not a crime to cause death or injury
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TORTS EXAM 2 STUDY GUIDE NEGLIGENCE • Negligence: The failure of individuals to appreciate the risks caused by their conduct. • Synonymous with carelessness did not intend to cause harm to Plaintiff • To determine whether negligence exists‚ must ask: 1. Was the Defendant’s conduct unreasonable? 2. Did the Defendant cause the Plaintiff’s injury? Elements of Negligence: 1. Duty by the Defendant to the Plaintiff 2. Defendant breached the duty of reasonable care 3. Defendant’s actions were
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genocide. The manslaughter of five hundred thousand to estimated about one million Tutsi had persevered for only one hundred days. The capital of Rwanda is Kigali‚ Rwanda‚ currency is the rwandan franc‚ and life expectancy is forty years old.The method of human communication in Rwanda is Kinyarwanda‚ French‚ English‚ Kiswahili. In 1994‚ the country’s population had about seven million people there was about eighty five percent Hutus‚ fourteen percent tutsi and one percent Twa. The gross domestic product
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Ford’s negligence was made clear by their repeated statements “safety doesn’t sell” demonstrating the culture and sentiment from Lee Iacocca that cost was more important than human life. A cost analysis further drove the point home; Ford conducted a Risk/Benefit analysis that showed that Ford’s break-even point would be five dollars and eight cents‚ which is much less than the eleven dollars required making the Pinto a safer vehicle to consumers (Leggett‚ 1999). Ford displayed a gross negligence
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Therefore‚ this essay will discuss Mavis given health condition. Mavis is 60 years old retired Nurse who had undergone a laparotomy for an acute bowel obstruction. According to the case study‚ Mavis first day post-op and her recovery has been uneventful. It is stated that Mavis vital signs have all been within normal limits. However‚ that morning‚ Mavis vital signs have somewhat altered with her heart rate has increased to 92bpm‚ her blood pressure has decreased to 105/70‚ temperature is 38.o C.
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