Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
In the article “Gender Bender by Jill Vollbrecht we learn about a diabetic woman and her hairier problem. Her deep voice, furry arms and her bald spot points to a hormonal imbalance, but a deeper look into her problem reveals an even better explanation to why this is happening. As we read on we learn about Judy, the diabetic patient and her doctor visit. Dr. Vollbrecht seemed to been having a busy day. She had just finished seeing what seemed like a hundred diabetic patients, one after the other.
Care of Geriatric Patient Multisystem Failure Stephanie Beck Western Governors University Geriatric Care A. Assessments Mrs. Baker is a 73 year old female, presenting to the emergency room after collapsing outside with dyspnea, increased pulse and respiratory rate. She arrives confused and upset and becomes unresponsive and has increased dyspnea. The initial assessments would be to check her ABC’s. Her airway should be assessed by listening for stridor or gurgling sounds, checking for obstruction, performing a jaw thrust, removing loose fitting dentures.
However, when information is removed from textbooks, part of history is distorted. Due to this alteration of facts, the agony and despair felt by the victims of unimaginable and devastating acts would be forgotten. For example: “Leilani Muir was 10 when her mother committed her to Alberta’s Provincial Training School for Mental Defectives. On the Basis of a single IQ test, she was labeled a ‘moron’. Four years later, she was admitted to the school clinic, supposedly to have her appendix removed.
First, I will start with case No. 2011-962; adjudicated on June 3rd 2011.This registered nurse received her RN license in 1987. Accusation was held against her related to gross negligence and unprofessional conduct in four different causes for discipline and all happened in year 2007. According to one of the accusations: Gross Negligence/Incompetence: (a) under Code section 2761 (a)(1), on the grounds of gross negligence and/or incompetence, Respondent failed to timely notify patient's physician of the deterioration in his health care status. On July 13,2007, respondent was assigned to care for patient, who was admitted to the intensive care unit.
It establishes a withdrawal from the standard of care usually imposed by society. When negligence has occurred, one has considered the consequences of an act and exercised his/her best possible judgment, one has failed to guard against a risk that should be appreciated, and/or one has engaged in certain behavior expected to involve unreasonable danger to others. Types of negligence include malpractice and criminal negligence. Malpractice is the breach by a member of a profession (such as a lawyer, a doctor, a dentist, or an accountant) of either a standard of care or a standard of conduct. It is the failure to meet a standard of care or standard of conduct that is recognized by a profession reaches the level of malpractice when a client or patient is injured or damaged because of error.
The negligence was certainly made by the driver , but in what capacity. Proximate: This form of negligence requires foreseeability of what happened Causation: The basis upon which a lawsuit may be brought to the court Negligence: would be carelessness except the following did occur: The tortfeasor was under a duty to use due care. The tortfeasor breached that duty of due care. The tortfeasor’s act was the actual cause of injuries or damages. The tortfeasor’s act was the proximate cause of injuries or damages.
These can include medical bills, property damage cost of repair, and even loss of pay. Punitive damages are not intended to compensate the injured for losses, but as a punishment for the wrong doer and to deter them from committing this act again, or prevent the same negligence in the future. The four elements of a negligence action that must exist for a plaintiff to win a negligence action are duty, breach of duty, causation, and damages/injury. The plaintiff must prove all of these elements in order to be successful in a negligence claim. The first element, Duty, can be looked at almost like the Golden Rule.
INTRODUCTION In their day to day lives and interactions, human beings commit wrongs that may cause harm to others whether intentionally or unintentionally as a result, they are made to compensate the injured party or individual who has suffered a loss or injury due to their conduct. These wrongs that human beings commit against each other on a daily basis are called torts. A tort is a private or civil wrong that is independent of a contract. This essay will with references to decided cases, critically discuss the foundation of tortious liability and the purpose of law of torts. NATURE OF A TORT The nature of a tort can best be understood by making a distinction between a tort and a crime.
Element Two– Breach of Duty EXPLANATION: This is an action below an acceptable level of responsibilty or inaction of this responsibility can result in a breach of that required duty and may result in lawsuits from negligence, especially in a professional capacity (Professional negligence). Under Tort, negligence will need to be proved, to do this it has to be established whether such duty exist and if the duty was