Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable
Each state has their own policies for Medicaid eligibility, services and payments. Medicaid plans have three eligibility groups such as categorically needy, medically needy and special groups. Children's Health Insurance Program (CHIP) is a program that offers health insurance coverage for uninsured children under Medicaid. If Medicaid does not cover a service, the patient may be billed if the following conditions have been met such as the physician informed the patient before the service was performed that the procedure was not covered by Medicaid and if the patient has signed an Advance beneficiary Notice form. However, there are also conditions where the patient cannot be billed if necessary preauthorization was not obtained or service
The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.
As a growing number of Americans find themselves without health insurance, it is demanded that the United States explore innovative policies aimed at extending coverage. The high cost of expanding coverage raises many questions about how best to improve access while preserving individual choice and maintaining quality of care. Differing viewpoints among policymakers, insurers, doctors, hospital administrators, employers, public health advocates, and health policy researchers provide a complete picture of the current and desired state of American healthcare.
Personal injury attorney are very important and in order to protect yourself when it comes to insurance and other related issues that deal with personal injury, it is very important that you have a personal injury attorney who is there to make sure that whatever troubles you have are sorted out as soon as possible and is willing to put in all the effort and hard work that he possibly can in order to ensure that you are protected.
Finally, I will sum up the paper and restate my introduction in form of a conclusion.
"Insurance is a legal contract that protects people from the financial costs that result from loss of life, loss of health, lawsuits or property damage."(Nielson.) This protection is given to the customer in exchange for a monthly payment to the company. This is a legal contract which is known as a policy, binds the customer to the insurance company for the duration of the policy. Insurance, whether it be life, health or auto, helps customers feel safe from everyday risks that can happen in life. Most insurance is optional, although some states enforce a law that automobile insurance must be purchased in order to register a car. Automobile insurance is very important. It helps the policy holder to protect their car
Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.
Tort law is a very prevalent aspect of conducting business and daily life in the twenty first century. According to the textbook, The Legal Environment of Business, tort law provides “remedies for the invasion of various protected interests.” (Cross & Miller, 2012) In this essay about tort law, I will talk about a tort case that has personally impacted me. To do so, I will provide a background of the event, apply facts of the case to applicable law, summarize lessons of the week as they relate to this case and provide a plausible argument for the parties involved.
There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).
Risk management is the term applied to a logical and systematic method of establishing the context, identifying, analyzing, evaluating, treating, monitoring and communicating risks associated with any activity, function or process in a way that will enable organizations to minimize losses and maximize opportunities. (Lecture notes)Risk Management is also described as 'all the things you need to do to make the future sufficiently certain'. (The NZ Society for Risk Management, 2001)
Recently, using an “insurance score” as tool to determine risk is popular. The insurance score is used to foresee the likelihood of filing a claim or the level of risk. It is based on some of the information in ones credit report.