Topics: Tort law, Tort, Common law Pages: 4 (1732 words) Published: December 2, 2012
Hsa 515
Write a 4-6 page paper based on your answers to the following questions. Utilize the Showalter textbook and at least two (2) other resources to support your answers. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.  Explain how the standard of care can be proven.

In the standard of care, there is a certain and prudent kind of way that all persons involved should behave in a given circumstances. The duty of due care requires them to be prudent and act with care in order the patients to be safe. The definition given by a legal dictionary (Hill & Hill; 1981-2005) was that: “standard of care is the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonable people can differ”. As the definition explained above whenever a person fails to behave as a reasonable and prudent person, he automatically commits a breach of duty. But in the other hand, a standard of care can be proven when there is duty of care which requires all persons to conduct themselves as a reasonably prudent person would do in similar circumstances (Showalter, 2008; PP. 47-48). Many ways can be used to found how a standard of care can be proven. Indeed, the reasonable person also called the Helling standard is a legal fiction of the common law representing a fix norm against which any person's conduct can be measured. It is employed to figure out if a breach of the standard of care occurred. Moreover, physicians are usually judged by how other physicians would have behaved under similar circumstances (Showalter, 2008; PP....
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