1. Justify your position about the importance of the physician-patient and hospital-patient relationships. In a typical physician-patient relationship‚ the physician usually agrees to diagnose and treat the patient according to the standards of accepting medical practice and to continue doing so until the termination of treatment. A patient must have confidence in the competence of their physician and must feel that they can confide in him or her. This is always good‚ when you feel comfortable
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Summary Sheet • Malpractice and negligence both concern actions that are results of omission and acting in way that causes injury to patient. Malpractice concerns professional. • Tart is a civil wrong made against a person or property. • Elements of malpractice: duty owed to patient‚ breach of the duty‚ foreseeability‚ causation‚ injury‚ damage. • Nurse Managers are responsible for ensuring that standards of care are current in policy and that nursing staff follow the standards. • Issues
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unnecessary treatments over 53 consultations at a cost of $73‚640 which was borne by the workplace insurer. The appellant litigated against the dentist in the Supreme Court for negligence and trespass to person‚ seeking exemplary damages. However‚ the trial judge found in favour of the defendant who admitted liability for negligence only and applied the Civil Liability Act‚ awarding damages totalling $1‚388‚615.20 and no exemplary damages were given. This appeal was made with the admission that the dentist
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that have not been arisen from the contractual duties. Under tort law‚ whether it is an intentional act or accident‚ the injured victim (plaintiff) may be capable to recover damages from the person that liable for the harmed caused (defendant). Negligence is the most significant and developed category of tort in terms of money and varied of cases involved. It believes that the plaintiff should bear their own adversities unless there is a proof shows that the defendant owes of duty to comply with
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GLENDALE CHEMICAL PRODUCTS PTY LTD v ACCC (1999) ATPR 41-672 Plaintiff: Michael Barnes Defendant/Appellant: Glendale Chemical Products Pty Ltd –Supplier of Caustic Soda which is called “DRANO” Respondent: Australian Competition & Consumer Commission Prepared By: GLENDA B. GAERLAN Presented To: PETER MCGUINNES BUSINESS LAW 1st Semester 2010 Background Facts: Michael Barnes bought a 500g of caustic soda called “DRANO” at a local store
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"merchantable‚" meaning they work and are useable as normally expected by consumers. Implied warranty of merchantability: when a merchant sells or leases a product who is in the business of that particular product implies warranty of merchantability. Negligence of the manufacturer/seller A negligent manufacture case focuses on the actual product. The key question is whether the product that caused injury was
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level of justice in these types of cases. Although tort law does give greedy people a loophole to bring up frivolous cases and receive unnecessary compensation‚ overall the general idea is good. The primary issue within this case would be the negligence of McDonald’s. By serving coffee to their customers at the high temperature of 180+ degrees which could cause serious 3rd degree burns is not only irresponsible but extremely dangerous. The fact McDonald’s had already received over 700 complaints
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IRAC Analysis Legal issues in the workplace Mariana Martiskova July 20‚ 2012 ISSUE: Is the GTE South‚ Inc. guilty of negligance per se towards Laura Baldwin on the grounds of unlawful telephone booth placement in rights-of-way ? RULE : Negligence per se may occur if any individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured. The injured person must prove : 1. that statute clearly sets out the standard frame in sense
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Law: The Ethical‚ Global‚ and E-Commerce Environment Cornell Law School III. History of Product Liability 1. Denis W. Stearns IV. Product Liability Claims 1. Manufacturing Defects 2. Design Defects 3. Negligence 4. Strict tort Liability 5. Breach
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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 is expected to meet the standard of a reasonable person. This test is from the case of: Vaughan V Menlove The defendant’s haystack caught fire due to poor ventilation. Defendant had
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