The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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To: Mr. McCraw From: Nicole Ryan RE: “Potential Negligence Claim Against Pharmacist” Facts: The patient/client has been diagnosed with HIV+ and sought medical attention. The physician conducted an examination designed to identify the appropriate specific medication for the patient. The appropriate prescription was emailed to the pharmacy‚ Rite Aid. The pharmacy received and labeled the medication but mistakenly put the wrong medication in the bottle. Therefore the bottle was labeled correctly
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Preventing Patient Falls in Inpatient Hospital Settings Introduction For the most part‚ hospitals are places where one comes for healing and it is place where our clients should feel safe and away from harm. Nurses have an important role as a patient advocate and are to provide all clients with safe‚ compassionate‚ and quality care at all times. Nonetheless‚ the hospital can also be a dangerous place for inpatients. It is a foreign environment to clients and there may be alterations in their
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person is killed due to the misconduct or negligence of another person. It is often referred to as wrongful death. The family members of the deceased person may opt to file a wrongful death claim. For example‚ if a parent lost a child in a car accident‚ then he or she may be able to file a lawsuit against the responsible party. There are several elements that must be present in a wrongful death case. Those elements include death of a person‚ negligence and the surviving members of the family must
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fines to losing their license due to malpractice or medical negligence. A tort law as defined in medicaldictionary.com is an act deemed unlawful and capable of triggering a civil action. In my opinion‚ there will always be accidents because no one is perfect‚ but these should be minimal. In having a tort law in place‚ there is a higher recognition of the liabilities a provider can face if found guilty of malpractice or medical negligence which makes providers more aware of their responsibilities
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The Time I Let My Grade Slip Have you ever felt this feeling where you were just going to break down inside and explode into a million pieces? Guess what! I’ve felt like that before. It was one day when I got off the bus from practice and I instantly checked my grades. I then got my phone out and opened skyward‚ my heart instantly dropped‚ my body was still‚ and my eyes were wide open. The most embarrassing and disappointing thing I’ve seen in awhile. I had a C- in math. The
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Falls Introduction To Rise from a chair and walking around require muscle power‚ proprioception and balance. Inactivity results in muscle weakness‚ loss of sense of the joint position and loss of balance (Kröpelin et al.‚ 2013). Falls are one of the geriatric syndromes threatening the independence of elderly and it is a misdiagnosed and underdiagnosed problem in the primary health care with an important impact on healthcare costs (Rao‚ 2005). Annually‚ from 30 to 40% of the community dwelling elderly
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In this case‚ John has a cause of action against TAFE for his injury from the accident‚ he had rights to claim for his cost from TAFE that he did not fix the engine on the wrong way. There are five steps about the law of negligence‚ first is duty of care‚ it is a legal duty owed by one person to another‚ in this case‚ TAFE owed a duty of care to John. Because based on foreseeable test‚ John is a student who graduated form the TAFE‚ he also proved that the instructor of TAFE gives him a wrong instructions
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bonding time between baby and parent if stay together. Another negligence happen is nurse did not do the assessment to the baby due to parent is the first person notice of changes of baby hands but not a nurse in charge. Third‚ the nurse in charge did not take the first action by notice of baby hand already turned bluish and cold to touch which is indicate of lack of blood circulation. Element of malpractice Malpractice is a type of negligence‚ which is a licensed professional‚ fails to provide services
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Falls in Construction: A Persistent Problem Amber Davis OSHT 1405 Ratliff April 2‚ 2013 Davis 1 Falls in Construction: A Persistent Problem It is a known fact that falling is the leading cause of death in the construction industry. According to OSHA’s statistics for the year 2011‚ 251 out of 721 total deaths in construction were due to falls. Over the last decade‚ OSHA has updated and revised many standards for the construction industry that have been effective in reducing the
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