Embracing Diversity Challenging Minds

While victorious, the plaintiff’s believed that the district court had erred in their decision not to award punitive damages. The defendants, on the other hand, argued that the court had erred in denying their motion for summary judgment.

Duty of care is a legal term and this is a definition from a legal dictionary.

A health care provider must understand many aspects of statutory duty. Duty is “a legal obligation imposed on one to conform to a recognized standard of care to safe guard the rights of others”. The standard of care is usually related to medical malpractice cases. Standard of care is defined as “the caution and prudence that a reasonable person would exercise under the circumstances or by appropriate authority for such situations”. This is mainly of importance because all physicians are expected to perform within the guidelines of this duty, and this standard or care changes depending on the circumstances. “Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witnesses regarding whether the standard was met”(Showalter, 2014 p 139). Negligence results in the failure to meet this standard of care, and the jury usually decides if the defendant is guilty of committing a negligent act. Causation is an aspect of negligence. The defendant could be held liable for negligence if the act was considered to be foreseeable, and if the injury occurred from a breach of duty.

Duty of care is a requirement to exercise reasonable care, attention and caution to avoid negligence which would lead to the harm of other people.

The Facts about the case of Schweichler v. Poway (2005), a student athlete participates in a sporting event which was wrestling when the assistance coach injured the student. The cause of the injury happened when the coach tried to show the student a move and once the move was done the student athlete ankle was injured. However, when participating in any athletic sports there are plenty of risk that may be taken with being an athlete. There were a negligence lawsuit filed and was dismissed.

A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeable harm others. A definition from Wikipedia

The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).

Negligence is when somebody has a duty of care and that duty is breached. Negligence is split into 3 parts.

Breach of Duty: if a doctor performs surgery on the wrong patient, they breached their duty by failing to protect the patient.

On September 21, 2017, two National Football Players complained to further the case to summary judgement for intentional misrepresentation. During this process three employers continued with the case and prove that there is not any misrepresentation. The NFL player’s Reggie Walker and Alphonso Carreker were against San Diego Charger, Denver Broncos, and Green Bay Packers. Alphonso Carreker was against the Denver Broncos, and the Green Bay Packers. Whereas Reggie Walker was only against the San Diego Chargers. Both Reggie and Alphonso were suing the clubs, because of the misrepresented allegations showing that the clubs cared about the employees’ health before playing. Walker also had another allegation towards the San Diego Chargers which was the when he sprained an ankle in 2014 and continued to work and play with the team and caused him to be injected for the pain in his ankle

The referee, Mr. Michael Judge, was not hurt but he said he was very shaken by the incident. Feisty had claimed that he was provoked out of frustration over a number of decisions that went against him to strike the referee. Chairman of BRL, Mr. B Fair, said, “There is no excuse for this type of action. The referee must be protected at all cost.”

Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in violation of duty.

Negligence is the most common type of liability case that healthcare organization face. It often occurs when a person fails to hold up to the accepted standards of behavior. There are four elements essential to proving negligence: 1. a duty of care, Duty is a legal obligation the defendant owes to the plaintiff. In a negligence case the duty is most commonly expressed as a general obligation to act with care in other words to conduct oneself as a reasonably prudent person would do in similar circumstances. 2. Breach of that duty: A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard.  A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries. Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witness which is usually the same witness who established the duty in the beginning. 3. injury: Damage or harm

Establishing whether not the current case is analogous to cases in which a duty of care already been determine. For instance the category of which duty of care has been held not to exist. The law justifies all these through the word responsibility. Everyone has a responsibility for their actions. This same word, responsibility, is also used to justify strict and vicarious liability. Parents, guardians, employers and other similar persons are responsible for their wards and employees. I think this is also a balancing of the scale. Due to circumstances such as incapacity in law of inability to pay, the injured party may be

Breach – The driver breached his legal requirement to duty of care by failing to adhere to a red light. This breach is measured under a reasonable person standard in that any reasonable person in the same situation would have stopped at the red light rather than ignore it. A breach is simply a violation of a tort or law.