Chapter five is about Ethical and legal implications of practice. These are both important topics in the healthcare field. It is important to make ethical choices and understand the legal implications of the choices that you make. In this paper I will write about Ethical theories and principles‚ ethical viewpoints and decision making‚ and also the legal issues affecting respiratory care. Ethical theories and principles provide the foundation for all ethical behavior. Contemporary ethical principles
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Liability Act 1936‚ the word negligence is defined as doing or failing to do a thing that a reasonable person would or would not do in certain type of situation and this may cause a person to suffer from any damage‚ injury or loss as a result. And in order to access the negligence of any individual as well as the liability that those individuals may encounter due to their act of negligent‚ it is important to know how negligence is determined in law. According to the Law of Negligence‚ the Panel is requested
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anything I had any desire to write about. Even poetry seemed become dependent on structure and conformity. Everything school affiliated felt like an impossible competition. Writing quickly became a stressful chore. I learned to put together generic papers about meaningless subjects at the last minute. By my senior year‚ I felt as though my writing skills had grown poorer. My lack of motivation and interest lead to lack of effort. Despite earning good grades on my writing‚ I knew it was lacking in substance
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Torts Notes – Negligence Contents 1 Preamble 2 1.1 Concurrent Wrongdoers 2 1.2 Death 2 1.3 Apologists 2 1.4 Vicarious liability/non-delegable duties 3 2 Duty of care 5 2.1 Immunities 5 2.2 Omissions/failure to control third party 6 2.3 Atypical Plaintiffs 6 2.4 Unborn Child 6 2.5 Mental Harm/Nervous Shock 7 2.6 Statutory Authorities 8 2.7 Pure Economic Loss/Negligent Misstatement 11 3 Breach of Duty 12 3.1 Section 5C 12 3.2 Obvious risks 12 4 Causation 13 4.1 Res ipsa loquitur
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Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. The four elements necessary to prove a negligence case are duty of care‚ breach of that duty‚ injury‚ and causation. The first requirement in establishing negligence is for a plaintiff to prove the existence of a legal relationship between himself or herself and the defendant. Duty is defined as a legal obligation of care‚ performance‚ or observation imposed on one to safeguard the rights of
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with emphasis on Victoria Falls Bungee Co. The cause of action being pursued against Victoria Falls Bungee Co. is vicarious liability for their employees’ negligence. The cause of action that the plaintiff is outlining against the Bungee Cord Manufacturer (if investigation finds the manufacturing process added to cause of fault) is negligence and failure to properly inspect and test their products prior to selling and distribution. The plaintiff’s causes of action against Victoria Falls Bungee
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defendant. In other words‚ the modern causation of negligence is formed by evidence that coincide with people or companies that had a certain duty to provide civil obligations but their actions lead to a foreseeability of damage. To expand on this general area of tort law and compare it to that of a university and former student‚ cases have to be mentioned where the establishments of these rules were made to defend breaches in duty of care. Negligence as law was first conceptualized in Donoghue v
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including permanent facial scars‚ “a nervous breakdown” and loss of two gold bridge dentures. 7. Dionision filed an action for damages against Carbonel and Phoenix. 8. Petitioners countered the claim by imputing the accident to respondent’s own negligence in driving at a high speed without curfew pass and headlights‚ and while intoxicated. It invoked the Last Clear Chance Doctrine: Dionisio had the Last Clear Chance of
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Neighbour Principle: You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour- Who‚ then‚ in law‚ is my neighbour? The answer seems to be - persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions that are called in question Donoghue v Stevenson Neighbour Principle: You must take reasonable
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student wanted to take a teacher to court for negligence the four elements would have to be present. The teacher must have a duty to protect students from unreasonable risks‚ the teacher must have failed in the duty by not exercising a reasonable standard of care‚ there must be a causal connection between the breach of the duty to care and the resulting injury and last there must be some actual physical or mental injury resulting from the negligence (Drye‚ J.M.‚ 2013). Some students will start
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