Negligence Case

Topics: Health care, Tort law, Patient Pages: 3 (1032 words) Published: July 24, 2011
. 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. They also have a duty to take preventive measures which create a safer environment. For example, staff have a duty to prevent patients from accidental shock during the use of electronic treatment or diagnostic devices, by making sure they are properly grounded. The failure to exercise reasonable care is considered an act that a health care worker should be able to perform to prevent injury or address a specific immediate medial need, should the circumstances require such action. For example, an emergency room nurse should be trained in and know how to perform CPR. The nurse may not be successful in every instance, but failing to receive proper training or to perform the procedure in the specified manner is failure to exercise reasonable care. Proximate cause is the connection between failing to exercise a reasonable standard of care and the circumstances that such failure may bring about. If a physician fails to revive a patient in cardiac arrest and treat it, the patient may die. However, there may be an underlying cause, such as drug overdose or a congenital heart condition, that lead to the patient’s death. The determination must be made then, as to whether the physician’s actions or the drug overdose is the direct cause of death. Actual injury is the injury that is a direct result of the three elements above. If the physician fails to attempt to revive the patient or performs the procedures in the wrong manner, knowingly used equipment that was not...
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