Negligence Paper Ann Fairvalley University of Phoenix HCS/ 478 Negligence Paper Imagine waking up in the recovery room from being sedated for a procedure in which one of your limbs has been amputated. While in recovery you are in and out of consciousness. Finally after being in recovery for 2 hours you are taken to a step down unit to recover and receive teaching and therapy. After getting settled into bed you gets the guts to throw back you sheets and take a look where
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Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby‚ ACE Sports‚ the nurse‚ the surgeon and City General. (Avoid simply restating the facts/scenario. Incorporate them into your discussion.) 2. Be sure to discuss the elements of negligence as they apply to each party separately‚ and also discuss the application of EMTALA. 3. Define comparative negligence and discuss its application to the analysis
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NEGLIGENCE I: The legal issue here is whether Defendant is negligent towards Plaintiff R: To prove negligence‚ P must prove 3 elements: (1) duty of care; (2) breach of duty of care; (3) causation &remoteness. I. DUTY OF CARE I: Prove physical injury/ not (Neither his body nor Properties were damaged) - Therefore‚ the legal issue is whether D owed P a DOC for... II. BREACH OF the DUTY OF CARE: I: The legal issue is whether D failed to meet the standard of care to P R: A D has breached
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Issues Identified: 1. Whether William has an action in common negligence against Edmund. 2. Whether Sam has action in rescuer’s duty against Edmund 3. Whether William has an action in vicarious liability against TCS 4. Whether Sam has an action in vicarious liability against TCS Pleadings: 1. William v Edmund A. Duty of care Foreseeability – there will be accidents if bus isn’t checked properly and if Edmund doesn’t watch the road. Fair just reasonable. Proximity – safety of William depended
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Tort Reform XXXX XXXXX XXXXXXXXXX University Tort Reform In the past several years‚ the focus surrounding tort law has grown significantly. Why all the attention? Most people say it is because of the increase insurance liability and the recent up rise in ridiculous lawsuits. One of the most recognizable suits out there is the infamous “McDonald’s Hot Coffee” Lawsuit. This well known lawsuit sparked controversy and propelled
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Police Negligence and Liability 1 Running Head: Police Neglect/Liability Police Negligence and Liability Police Negligence and Liability 2 Abstract The purpose of this paper is to examine factors involved in police negligence and the extent of liability the officers hold. Are police officers held accountable for their misjudgments or reckless behavior when they are at fault? This paper exams relevant cases in which police officers have been
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Negligence Paper Nichole Ziegler University of Phoenix Health Law and Ethics HCS/478 Mary Burke August 12‚ 2012 Negligence Paper "Nursing’s role in providing patient care has expanded in response to increasing patient acuity‚ technology‚ evidence-based practice‚ managed care‚ and the advancement of the profession. Because of this professional evolution‚ nurses are in a position of higher accountability" (McConnell & Vaughn‚ 2010‚ p. 1). Negligence can be considered as "carelessness
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Tort Law and Cases: A Comparison of Two Cases and Their Potential Frivolity8/22/2010 | Introduction “A tort is a civil wrong resulting in injury to a person or property”; that is brought before a court to compensate the injured party (Bagley & Savage‚ 2010‚ pg 251). In order to prove an intentional tort‚ the following conditions must be met: 1) Intent 2) Voluntary act by the defendant 3) Causation 4) Injury or Harm. The following tort cases‚ Pearson v. Chung and Liebeck
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Negligence Paper Wrong site surgery has become a frequent incident in health care facilities across the nation. “Research in the US has suggested that wrong site surgery happens every 5-10 years‚ or one in 112‚994 cases” (Edwards‚ 2008‚ p. 168). Recent studies have shown that despite the focus by governing bodies over wrong site surgery in the past few years‚ wrong site surgery continues to happen at an alarming rate of 40 times per week in the United States alone (“Wrong-site surgery still happens
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. Identify and explain the four elements of proof necessary for a plaintiff to prove a Negligencecase. The four elements of proof necessary for negligence to be proved are Duty to protect‚ Failure to Exercise Reasonable Standard of Care‚ Proximate Cause and Actual Injury. In a health care setting‚ Staff and physicians have a duty to protect patients from foreseeable dangers that could lead to injury. They have a duty to make sure equipment is in good working order‚ so it does not lead to harm
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