Assignment # 1 – Law And Health Care

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Assignment # 1 – Law and Health Care Health Care Policy, Law and Ethics- HSA 515 April 16, 2012 Professor Danita Hunter, DHA, PMP Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. Negligence is the failure to use conventional care through either a lack of performance or an error in care. It occurs when someone does not implement the proper amount of care or does something that a reasonably cautious person would use or would not do under the same circumstances. The four elements essential to proving negligence are a duty of care, breach of that duty, injury, and causation (Showalter, 2007). The results of some negligence cases are contingent upon whether or not the offender owed a specific duty to the complainant. These duties arise when the law identifies the relationship between the defendant and the plaintiff. Based on the findings within that relationship, it is determined if the defendant was obligated to act within a certain standard of care toward the plaintiff. The court will find if a duty existed based on the act of a equitable person under the same particular set of circumstances (Reuters, 2012). Once it has been determined that a duty existed, then it is determined whether or not the duty was breached. A duty has been breached when a defendant knowingly exposed another to possible injury. Even if the defendant did not realize he was exposing another to injury, he should recognize the probability that any other reasonable person would have recognized; therefore, also being a breach of duty (Shestokas, 2009). After establishing a duty existed and there was a breach of that duty, the plaintiff must show that there was a loss or injury to recover. This requirement is important if a defendant is unable to deny his negligence, but the plaintiff suffered no apparent injuries as a consequence. In

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