d. Elements of Negligence The four elements of negligence must be present in order for a plaintiff to recover damages cause by negligence. These are duty to care‚ breach of duty‚ injury‚ and causation. In duty of care‚ there must be an obligation to conform to recognized standard. In breach of duty‚ there must be a deviation from the recognized standard of care and there must be a failure to adhere to an obligation. In injury‚ there must be actual damages. And lastly‚ in causation‚ the departure
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might make a mistake and operate on the patient to conclude that he or she performed an incorrect procedure on the entire wrong side or part of the body. Sadly‚ this doe happen a lot. Many will find it interesting to learn of out-of-state medical malpractices which lead to a recently filed lawsuit against neurosurgeon Dr. Armond Levy. The doctor had scheduled 53 year old Regina Turner of St. Ann on April 4th for a “left-sided craniotomy bypass” at St. Clare Health Center in Fenton. The patient had
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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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After reviewing the case study of Nursing Malpractice in a Mental Health Setting. There are many different factors that had led to the unfortunate death of this child. I would begin with inaccurate documentation of this child severe airway disease‚ as being listed as mild reactive airway disease. Later‚ after developing symptoms of an increased cough and wheezing without the presents of a fever‚ the nursing staff dismissed it as his attempt to avoid group therapy. The next situation that is concerning
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The Law of Negligence appears relevant in this situation. In (Gerbic and Miller 2010 P.430) the three principles to determine Negligence are: i) Was the plaintiff owed a duty of care? ii) Is the defendant in breach of that duty? iii) Was the loss caused by the breach and was it foreseeable? It will also need to be determined as to whether or not Jenny the owner is vicariously liable for the actions of her employee and if Mr Toxopersona is responsible for a proportion of his own negligence. Mr Toxopersonas
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eChris Quarti Honors English III 3/13/13 Malpractice What is Malpractice and how does it occur? Is taking a trip to the doctor worth it when medical malpractice which has been reported to be the third leading cause of death in the United States? Is this trip to the clinic for the simple flu or minor surgery worth the chance of death? Malpractice is a word to describe any treatment‚ in which there was a lack of treatment‚ or a mistake in in the practice of the doctor. This can also be described
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Negligence is defined as the the commission of an act that a prudent person would not have done or the omission of a duty that a prudent person would have fulfilled‚ resulting in injury or harm to another person. In particular‚ in a malpractice suit‚ a professional person is negligent if harm to a client results from such an act or such failure to act‚ but it must be proved that other prudent members of the same profession would ordinarily have acted differently under the same circumstances. Negligence
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(2006)‚ the legal term malpractice refers to the act of negligence by that of the licensed nursing professional. A nurse who fails to provide reasonable prudent care in which a careful practicing nurse would under the same circumstance is considered negligent. Malpractice occurs when an action is improper or unethical and results in the allowance of damages. There are specific legal elements that must be present in order for the nurse to be found liable in a malpractice lawsuit. In order for
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someone else could be considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article‚ a mistake was made that was irreversible. He went into the hospital to have his leg amputated‚ and the doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the amputation of the wrong leg considered to be malpractice on the doctor’s part? This paper will differentiate between negligence‚ gross negligence‚ and malpractice. After differentiating between
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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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