StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Mod 2 case Tort Law - Essay Example

Cite this document
Summary
Negligence arises when an individual or an entity acts incompetently or below the required standard of care and as a result causes harm or injury due to lack of reasonable care (Hylton, Lin & Chu, 2013). In order to establish negligence, it is essential to first determine that…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.7% of users find it useful
Mod 2 case Tort Law
Read Text Preview

Extract of sample "Mod 2 case Tort Law"

Tort law Negligence arises when an individual or an entity acts incompetently or below the required standard of care and as a resultcauses harm or injury due to lack of reasonable care (Hylton, Lin & Chu, 2013). In order to establish negligence, it is essential to first determine that the party acting negligently had a duty of care, and that such duty was breached by the negligent party resulting in injury to the other party (Ashley, 2004). In respect to negligence in Bobby’s case, it is evident that ACE sports acted negligently by leaving small pieces of metal sticking out of the rim.

ACE sports owed a duty of care to the users of the rim to ensure that the rim was safe and did not have any parts that would possibly cause harm to the players who used it. This duty of care was breached when Bobby hurt himself with the small pieces of metal left on the rim due to lack of reasonable care by ACE sports. Dr. Andrews, on the other hand, is also liable in negligence for erroneously amputating Bobby’s functional wrist. The doctors’ actions were caused by medical negligence, when the surgeon did not exercise the required standard of care before performing the amputation.

In establishing medical negligence, it is essential to demonstrate the occurrence of medical negligence or error, and more significantly, that this error or negligence resulted in physical or psychological suffering to the patient (Charlesworth, Walton, & Cooper, 2011). In Bobby’s case, his left wrist was erroneously amputated and this is sufficient to establish both error and physical suffering required to establish medical negligence. The Emergency Medical Treatment and Active Labor Act (EMTALA) provides for how and when a patient might be denied treatment or transferred to another medical facility when such a patient is in an unstable medical condition.

The Act provides that where a patient presents himself to a medical institution requiring examination or treatment the hospital must provide the appropriate screening to establish if the patient has an emergency medical condition. Where it is established that indeed there is an emergency medical condition, the hospital is obligated to provide treatment to the patient until the condition stabilizes or transfer the patient to another hospital. Where the emergency condition is not established, then the statute imposes no obligation on the hospital.

The act defines an emergency condition as a medical condition with acute symptoms where absence of treatment is reasonably expected to cause impairment or a dysfunction of body parts or organs (Richards, 2012). The nurse who attended Bobby did not find any emergency condition necessitating emergency treatment under the condition as the cuts on the wrist did not seem severe and Bobby’s condition did not seem to deteriorate. Therefore, both the nurse and the City General hospital cannot be held liable in negligence.

Comparative negligence is a rule applied in determining the responsibility and damages based on the negligence of the parties involved in a negligence case. Comparative negligence is applicable where both parties are at fault. This rule, in essence, reduces the damages due to a plaintiff in a negligence claim to the degree to which the plaintiffs fault contributed to the loss or injury. Liability, therefore, is determined based on the contribution of the parties to the injury (Levy, Golden & Sacks, 2013).

Joint and several liability is a description of liability where individuals in a group are mutually or individually liable to a party in negligence. This form of liability is only practical where two or more individuals are found liable for damages. In such instances the plaintiff may seek to enforce damages from any of the individuals or from any and all the individuals until the damages are fully settled (Antieau, 2012). ConclusionWhen a party owes a duty of care to another and fails to take reasonable care resulting in injury, then such party has acted negligently.

ACE sports and Dr. Andrews owed a duty of care to Bobby and they did not take reasonable care to avoid injury to him. Therefore, these parties are both liable in negligence in respect to Bobby’s injuries and subsequent amputation. ReferencesAntieau, C. J. (2012). Procedural Requirements and Shared Liability. Antieau on Local Government Law, Second Edition, 3.Ashley, R. C. (2004). The fourth element of negligence. Critical Care Nurse, 24(4), 78-79.Charlesworth, J., Walton, C., & Cooper, R. (2011).

Charlesworth & Percy on negligence. Sweet & Maxwell.Hylton, K. N., Lin, H., & Chu, H. Y. (2013). Negligence and Two-Sided Causation. Boston Univ. School of Law, Law and Economics Research Paper, (13-50).Levy, N. M., Golden, M. M., & Sacks, L. (2013). Comparative Negligence, Assumption of the Risk, and Related Defenses. California Torts, 1.Richards, N. S. (2012). Judicial Resolution of EMTALA Screening Claims at Summary Judgment. NYUL Rev., 87, 591.

Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Mod 2 case Tort Law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Mod 2 case Tort Law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1626179-mod-2-case-tort-law
(Mod 2 Case Tort Law Essay Example | Topics and Well Written Essays - 500 Words)
Mod 2 Case Tort Law Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1626179-mod-2-case-tort-law.
“Mod 2 Case Tort Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1626179-mod-2-case-tort-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Mod 2 case Tort Law

Contracts forming

whether Freda is entittiled to get damages Before proceeding to discuss whether Arkwreight is liable to pay off the damages to Freda, we will explore the concept of 'vicarious liability','negligence', and 'duty of care' under tort law.... 1,Buisiness law,Tulsian,P,C** Howell vs Coupland 15.... The term implied by conduct includes offer and acceptance,ie in nutshell,a contract is a civil liablity which is comprised of offer from one party and acceptance by other party either orally or in writing. So in this case, Arkwrieght has already shipped the paint to Mr....
4 Pages (1000 words) Case Study

Contract Negotiations in Business Law

Introduction Breach of contract law discussed with the following case law Augusta Mutual Insurance Company versus Carvie M.... Even though "such a mode of looking at the matter stinks in the nostrils of those who think it advantageous to get as much ethics into the law as they can" (Oliver W.... The Path of the law, 10 HARV.... It may also be that as Jones and Lee-Curtis challenge, which the insurance company tried to change what was in fact a breach of contract claim into actionable tort claims....
2 Pages (500 words) Case Study

The Commercial Law: Advice to Edith

In this case or situation Edith has a remedy under the law to sue Andy's vessel for compensation arising from the damage caused to the goods as well as the loss she has suffered.... In this case, Barry is absolved from any ability since; he played his role by enduring all the three bills of lading to Edith, which shows that ownership has changed.... In this case, she should leave the goods in possession of the shipment company until her claim is full settled and discharged....
11 Pages (2750 words) Case Study

Analysis of a Healthcare Lawsuit Case

This law will also be forcefully applied on the 62-year old American Citizen, Miss Margaret Peggy Lee Mead, who is a self-employed Single American citizen living in the State of North Carolina.... Holder Jr.... the Attorney General of the United States over a few clauses of the Health Care and Reconciliation Act passed on the 30th of March 2010....
5 Pages (1250 words) Case Study

The Old Testament Law, Galatians and Philemon

Paul was blinded in his conversion and maybe this ‘remnant' (eye disease) is a Teacher Galatians and Philemon In Galatians, Paul draws the line between the Gospels and the Old Testament law.... It is surprising to see such a thorough understanding/interpretation of:1) Explanation of the Old Testament law (to show us we are guilty of sin and in need of a Redeemer)2) Summary of the New Testament (Christ Jesus' redemptive power)3) Completion of the promise given to Abraham (Christ [Christian] seed)The interesting point is that Paul is or was suffering from some sort of illness which seems to be related to his eyes....
3 Pages (750 words) Case Study

Foundations of Business Law

To boost their initiative, out of brotherhood, l ordered some of their fish.... Although, after delivery, the fish did not meet my… A contract is an agreement between two or more individuals comprising of promises from either party to the other.... Unlike torts, contracts involve taking obligations voluntarily....
6 Pages (1500 words) Case Study

Negligence and Vicarious Liability

In law, vicarious liability applies in the case where an employee acts in negligence or omission in the course of performing duties that are within the scope of their employment (Laski 1916).... In principle, an employer is held responsible for the negligent acts of his/her The paper "Negligence and Vicarious Liability" is a brilliant example of a case study on law.... In law, vicarious liability applies in the case where an employee acts in negligence or omission in the course of performing duties that are within the scope of their employment (Laski 1916)....
3 Pages (750 words) Case Study

Aspect of Contract and Negligence

The principle of the rule of law, in this case, was to establish whether the performance of the contract was impracticable as a result of legal impossibility that could render the contract voidable (Peel & Treitel, 2011, 63).... "Aspect of Contract and Negligence" paper focuses on legal and statutory arguments upon which Lady Gaga can develop a case against the producer and sue for compensation the breach of contract against the conditions established under the contract of service....
9 Pages (2250 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us