Health Law and Ethics HCS/478 Negligence Paper Health care providers have a responsibility to provide competent and safe care to their patients. When patient care is compromised or the patient does not have a successful medical outcome‚ sometimes the legal system becomes involved. It is important to be aware of the terms negligence‚ gross negligence‚ and malpractice because they are often misunderstood. This paper attempts to provide a definition of each legal term in an effort to distinguish
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Bibliography: R v Lindsay [2014] SASCFC 56. Stingel v The Queen (1990) 171 CLR 312. Graham Virgo (1994). Basics to Basics—Reconstructing Manslaughter. The Cambridge Law Journal‚ 53‚ pp 44-53. "Australia: New Laws to Simplify Jury Directions." MENA Report (Dec 14‚ 2012). <http://search.proquest.com/docview/1238344180?accountid=16285>. Bottomley‚ Stephen‚ Simon Bronitt‚ ‘Law in Context’
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I have been asked to explain the different types of crimes that relate to chemical addiction. When talking about crime‚ we must have an understanding what the word crime actually means. Crime is a harmful act that is committed to one or more individuals. To be classified as a crime‚ the act of doing something bad (actus reus) must be usually accompanied by the intention to do something bad (mens read)‚ with certain exceptions (strict liability). For example‚ if you go to someone and beat him or her
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movie “Nuts” starring Barbara Streisand and Richard Dreyfuss was a great movie depicting a woman fighting in court to prove that she is competent enough to stand trial. Barbara Streisand (Claudia Draper) plays a call girl charged with first degree manslaughter. It is Richard Dreyfuss’ (public defender) job to help Claudia prove that she is sane enough to go to trial. Claudia has a very short temper‚ outspoken‚ and doesn’t trust anyone. She violently attacked her first attorney for merely trying to advise
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Criminal Court Visit Essay Abstract The purpose of this paper is to highlight the different aspect of the Criminal Justice after visiting the criminal justice office(s). The visit is done during the last week of September 2010 and the visiting point was the United States District First Court of Appeal‚ the court located at 301 S. ML King Blvd. Tallahassee‚ Florida. In this paper the findings will be discussed that what factors (selected) are involved that affect the process of administration
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and appropriate conclusion to sum up these ethical theories and information. There are two views about abortion; whether it is legitimate to abort a baby acquiring a disability or whether it is erroneous‚ inconceivable and ought to be branded as manslaughter. Abortion and disability was an area of research highlighted for such a case study due to its recent accentuating speculations found within the media and on the news as well as the portrayal it acquires which questions scientists and the morals
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has no role to play in murder‚ the question is if D had actual knowledge or foresight of the probability of death/GBH‚ imputed knowledge is not enough (Crabbe) – subjective test! 4. Reckless indifference to GBH and not death issue amounts to manslaughter rather than murder (Solomon) iv. So long as one of the mental states for murder was present‚ irrelevant that the accursed did not intend the precise way in which death actually occurred (Royall) c. Penalty i. Life imprisonment (s 19A(1));
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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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called causation. Case Blaue v R 1975 1 WLF 1411. Appellant stabbed Victim and Victim later died for refusing medical treatment for religious reasons. Appellant argued that because Victim refused life saving medical treatment‚ his conviction for manslaughter should be overturned.
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your mouth” or the recent‚ most dangerous one‚ The Punching game‚ where you punch random people in the face. This can (depending on where the hits land) severely injure or even kill the victim‚ and the Assaulter could be persecuted with Voluntary Manslaughter‚ or assault and battery. It’s not just the physical acts but the academic and emotional effects too‚ depending on whom is
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