Case Study Scenario: Tort and Negligence

Legal Issues: Due to several medical errors from both the Hospital and Nursing facility legal can step in and make a case for Medical Negligence. This case may not have been intentional but too many mistakes bypassed people on several occasions and by two different organizations caused the patient to have an extension of a stroke. Doctors and medical staff have an obligation and duty to their patients to be in line with the “Medical Standard of Care.” This legal term is defined as, “the caution that a reasonable person in similar circumstances would exercise in providing care to a patient.” Here the physician did not provide the quality of care to the patient because he/she did not adequately review the patient history and medications properly.

On or about July 14, 2015, the Plaintiff, Scott Siegel, was involved in an accident on the playground, which resulted in injury to the Plaintiff. One substitute teacher was supervising all eighty children on the playground. The substitute teacher, Defendant, Andrew Rafter, noticed the Plaintiff and friends spinning too fast on a merry-go-round and told them to slow down and get off. He then turned his back to the boys to tend to other students and that is when the accident occurred and Scott injured his leg. Scott’s father wants compensation from the school board due to lack of supervision during the playground activities. Defendant parties are a public entity so they may be immune from suit.

Now comes the Defendant, Joseph Bettina, files this Motion For temporary Support and would shows:

Product liability is a law where the manufacturer, supplier seller and others who produce and sell products to the public are responsible for the injuries that is caused by that product. When individuals are harmed by an unsafe product, they may have a cause of action against the persons who designed, manufactured, sold, or furnished that product

Medical malpractice claims have risen dramatically over the past 40 years alongside the financial claim awards (Kessler, 2011). Currently, America’s medical tort system is regulated and enforced primarily by the states (“Medical Tort System,” 2016). The main focus of tort law is to preserve the peace between two parties, to determine fault and discourage wrong doing (Pozgar, 2016). Most physicians today carry medical malpractice insurance to protect themselves from the high defense costs of claims and potential financial awards (Kessler, 2011). As the number of medical claims increase and jury awarded punitive damage skyrocket, medical malpractice insurance premiums have also risen dramatically (Kessler, 2011). Malpractice insurance

Gary O’Brien was not invited to the home of Jean Glass and was in fact trespassing at the time he was injured after diving into the pool. The plaintiff failed to notice the sign posted under the manufactures logo giving a warning that said, “Do Not Dive” since the pool was only filled to the required amount of three and one half feet water. The injuries that Gary O’Brien sustained happened when his hands slid apart at contact with the vinyl-lined

On 12/25/16 at approximately 2037hours, my partner Officer Thebeau #8402, and I, Officer Harrell #3441, were dispatched to a residential burglary call at 193 W. Hammond St. The comments of the call stated the reporting person, (Heidi Robles), just arrived home, and the home was ransacked.

In September 2013, a fight between two bike gangs sprawled out of a restaurant and onto the streets of the Gold Coast. Now, two innocent bystanders who got caught up in the fight have sued the Queensland Police for injuries they allege they received at the hands of the police. It happens in life that you are not always going to be in the right place at the right time. However, if you do get injured in a situation you could not control, it is important that you look to be reimbursed for any medical expenses that you are now out of pocket. To do this, you need to take two steps.

The boys disregarded vigilance and caution when they directly disregarded the signs of warning. The defendants are not liable for the injury sustained by the plaintiff. Caution signs serve a purpose to inform us of “probable danger” and when danger is foreseen we must avoid such danger. If you ignore such signs of warning then you are negligent and liable for the consequences of such actions. We cannot live in a society where signs of caution and warning mean nothing.

In order to make a prima facie showing of negligence, a plaintiff must show: “‘(1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty.’” Todd v. Mass Transit Admin., 373 Md. 149, 155 (2003) (quoting Muthukumarana v. Montgomery Cnty., 370 Md. 447, 486 (2002)). The first question—that is, whether and the scope of any duty the defendant owed to the defendant—is a legal determination that is to be resolved by the court. Valentine v. On Target, Inc., 353 Md. 544, 549 (1999) (“Generally, whether there is adequate proof of the required elements

3. How could a section 1983 action be brought where an officer in the locker room preparing for off duty accidentally discharged his revolver, striking a custodian? What would be the justification for a lawsuit in this case? The officer was wrong in this accidental discharge. Police are responsible for the fire arm and even if the officer didn’t shoot someone you are supposed to be able to control the fire arm. This was an accident not meant to hurt someone but if you can’t control a gun you shouldn’t be able to carry one. Negligence like this could kill someone on accident. Officers should treat every gun as they are dangerous because like shown in this case they can hurt someone. He could say it was an accident but if I was the custodian

In this week’s forum post we were asked to elaborate on a situation of that occurred during a little ledge baseball game. The overall scope of the game as a whole is some that need to be address to the parents. The players parents enter the law frim asking for legal advice pertaining to the incident in question. The first thing that needs to be looked at are all the factor that encompass the incident as a whole. The first thing that need to be looked at is the fact is direction of little jimmy and who he is. The first thing that need to be look at is the fact that Little Jimmy is an exchange student which opens a gray area as far as liability to the parent that are involved in the situation “The exchange student’s natural parents remain legal

Like almost any other type of accident, the liability for an injury resulting from a skateboard crash would be considered under the umbrella of the law of negligence. The concept of negligence contains four distinct constituent parts which must be demonstrated in

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When one attends a baseball game, they presume that they can become struck by a foul ball or bat during at any point throughout the game once they have entered the stadium or have purchased their ticket for the event. However, the stadium could still become responsible if one were to get injured due to the unusual stadium layout with unaware risks that could lead to potential harm or serious injury. At this minor league baseball game, the marketing department held a sling-shot contest in between innings that did not mention any initial warning until after the contest had begun. Therefore, a gentleman went to retrieve a t-shirt and fell onto a sports law professor causing her to break her leg.