Wayne is walking along a footpath near a golf course. He gets struck in the eye with a golf ball. There were no barriers between the golf course and the footpath. The place where Wayne was hit about 100m from a tee (a tee is where players drive the golf ball). Wayne can no longer work as a surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached
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English 111340 23 October 2012 Caps on Medical Malpractice Suits Medical malpractice cases have been on a steady rise. Malpractice has affected most of the United States resulting in an increase on insurance premiums for physicians and a decrease in important specialist. Medical malpractice cap reforms have been adopted by several states across America due to these increases and decreases. Malpractice caps should not be put on medical malpractice cases because the caps cover up the real problem
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I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the
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Undoubtedly‚ Examination malpractice has become one of the canker worms that have eaten deep into the fabrics of the Nigerian society. It cuts across all levels of our education system. Many reasons have been adduced as being responsible for this ugly phenomenon. Perhaps‚ the most remarkable factor is what I can call academic laziness or better still‚ mediocrity on the part of some students. Those who see examination malpractice as the only way to victory in such “bloody war” as education are
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CELEBRATING EXAMINATION MALPRACTICE? NECO SSCE results this year are the best in five years‚ maybe so‚ to say. But the question is‚ do the results indicate an improvement in standards? Without hesitation‚ I say a big "No!" Truth must be told. EXAMINATION MALPRACTICES have got more ruthless. In my opinion‚ out of the over 1 million candidates that took part in the exams‚ at least 900 thousand must have engaged in malpractice! Is this an outrageous estimation? I want somebody to prove me wrong;
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In this type of negligence special skill is required by the wrong doer‚ i.e. the professional is one‚ who prefers to have some special skill. Any doctor who has established a relationship of professional attendance with a patient and who has undertaken to bring a reasonable degree of care to his course of treatment‚ when fails to undergo such degree of care and skill then he may have shown medical negligence. A professional impliedly assures the person dealing
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The number and amount of medical malpractice lawsuits are driving up the cost of healthcare. The average jury award in a medical malpractice case is now about $3.5 million‚ a threefold jump since 1994. Fifty-two percent of medical malpractice awards are now above $1 million. One reason for this is due to the practice of “defensive medicine”‚ in which tests and various medical procedures
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Legal: The four elements that demonstrate negligence that can lead to a medical malpractice lawsuit includes the following four according to our course note book and our instructor Kristin J. Kjensurd. 1st Clinician owed a legal duty of care to patient‚ 2nd clinician violated the duty of care‚ 3rd Duty of care violation caused injury to patient and 4th Patient suffered harm requiring compensation. In the article I read‚ all four elements that demonstrated negligence were violated by the clinician Cammy
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the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts of the case found in LexisNexis is: a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with
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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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