DQ1: Please describe the kinds of evidence that a plaintiff can present in order to establish a negligent act.
In a negligence suit, the plaintiff has the burden of proving that the defendant did not act as a reasonable person would have acted under the circumstances. The court will instruct the jury as to the standard of conduct required of the defendant. For example, a defendant sued for negligent driving is judged according to how a reasonable person would have driven in the same circumstances. A plaintiff has a variety of means of proving that a defendant did not act as the hypothetical reasonable person would have acted. The plaintiff can show that the defendant violated a statute designed to protect against the type of injury that occurred to the plaintiff. Also, a plaintiff might introduce expert witnesses, evidence of a customary practice, or circumstantial evidence.
DQ2. Research one court case addressing Health Care Law that corresponds to the material in this seminar's reading and write a 1-2 paragraph summary of the case. Please be sure to include the case name in your reference listing and the source of your information.
The case that I chose to write on came from our textbook, but I did some additional research online and found more information on this particular case. The case involves a mother and father who filed a wrongful death suit against their OB/GYN’s for the wrongful death of their unborn son. Initially, the court found in favor of the physicians, but after an appeal process to the U. S. Supreme Court of Appeals, they were granted a judgment in their favor. “Tara Reese went to the Fort Worth Osteopathic Medical Center emergency room in her seventh month of pregnancy, complaining of a racing pulse and dizziness. Doctors determined that she had a high pulse rate and high blood pressure and sent her to the labor and delivery room for further observation. On multiple occasions through the course of the evening, doctors monitored...
References: Phillips, T. U.S. Supreme Court of Appeals, the Second District of Texas. (2003). Reese v. fort worth osteopathic hospital inc. (02-1061). Retrieved from THE SUPREME COURT OF TEXAS website: http://www.supreme.courts.state.tx.us/historical
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