MOT‚ NOT‚ BRIEF Corey Lightner‚ Attorney at Law Bar No. 85-455 Miami‚ Florida 33176 305-456-7890 ATTORNEY FOR PLAINTIFF IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT INANDFOR MIAMI-DADE COUNTY‚ FLORIDA WILMA MAPLES‚ Plaintiff‚ CIVIL DIVISION vs. CASE: 13-2014-159753 DEPT. NO: XVII DOCKET NO: WE CARE FOR YOU HOSPITAL AND REHABILITATION CENTER‚ 1-5 DOES‚ 1-5 ROES‚ MOTION FOR SUMMARY JUDGMENT‚ NOTICE‚ AND BRIEF Defendants. ___________________________/
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requirement that a person act toward others and the public with watchfulness‚ attention‚ caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts are considered negligent‚ and any damages resulting may be claimed in a lawsuit for negligence. Taken from The Free Dictionary by Farlex 2. I need to ensure that I take into consideration individuals care plans‚ policies & procedure whilst providing a person centered approach
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broadest sense‚ means each of us should behave responsibly and sensibly‚ in the way a reasonable person would behave. To be guilty of negligence‚ a defendant in a lawsuit must breach that duty of care‚ and the breach of duty must be the cause of harm to the plaintiff. The law looks at two types of causation—actual cause and proximate cause. Often‚ injury and harm is the result of a chain of events. The person who is the actual cause may or may not be legally responsible. Proximate cause is that
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IMPLEMENTING DUTY OF CARE IN HEALTH‚ SOCIAL CARE OR CHILDREN’S AND YOUNG PEOPLE’S SETTINGS 1. Explain what it means to have a duty of care in own work role Duty of care is a requirement that a person act toward others and the public with watchfulness‚ attention‚ caution and prudence that a reasonable person in the circumstances would. If a person’s actions do not meet this standard of care‚ then the acts are considered negligent‚ and any damages resulting may be claimed in a lawsuit for negligence
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also known as Culpa‚ is the failure to observe for the protection of the interests of another person‚ that degree of care‚ precaution and vigilance which the circumstances justly demand‚ whereby such other person suffers injury. Negligence can also be defined as: The omission of that degree of diligence which is required by the nature of the obligation and corresponding to the circumstances of persons‚ time and place. (Article 1173 Civil Code) The determination of the existence of negligence
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MGMT 625 Midterm Exam TRUE/FALSE QUESTIONS (2 POINTS EACH) 1. The stability and predictability of the law is essential to business activities. ANSWER: TRUE 2. Uniform laws apply in all states‚ including those in which the laws have not been adopted. ANSWER: FALSE 3. A state law that conflicts with the U.S. Constitution will be deemed unconstitutional. ANSWER: TRUE 4. Damages is a remedy at law. ANSWER: TRUE 5. Equitable remedies include injunctions and decrees
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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any wrongdoing any wrongdoing to a person or their material goods for which a claim for damages may be made. The wrongdoing is the source of a lawful claim. At the same time as a tort includes injury to material goods‚ a personal injury tort just connects closely with bodily or emotionally injury to anyone. Personal injury legal suits‚ as in opposition to illegal proceedings which are started by the government‚ are social legal suits brought by particular person against other one‚ business‚ company
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Professional malpractice is a very serious and demure law .Professional Malpractice is harm to a client caused by the failure to follow professional standards and ethical principles. The failure to follow the codes‚ conducts and laws can result in serious law suits and punishment towards the professional. According to Jacob and Hartshorne suits are filed against school psychologist under the state law if the psychologist/practitioner harms their client by acceptable professional standards of care
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safeguarding or protection of individuals Our duty of care means that we must aim to provide high quality care to the best of our ability and express if there are any reasons may be unable to do so. Professionals act within duty of care must do what a reasonable person‚ with their training and background‚ can be expected to do so. It also connected with the areas of carrying and reviewing of risk assessments‚ which ensuring elimination of hazards‚ use of equipments and all health and safety guidelines. Policies
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