Negligence Case Study

“Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.” (Admin) One of the most common type of claims that pharmacies face are negligence claims. Negligence is one of the categories that falls under the area of law called Torts. In the Hundley v Rite Aid case, a tort was filed for injuries that were sustained by Gabrielle Hundley after she took medication from an incorrectly filed prescription. The case involved a jury trial verdict involving Gabrielle Hundley, a minor child, against Howard Jones, the pharmacist, and the Rite

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

Criminal cases, personal jurisdiction refers to a courts authority to try a defendant for violating the state’s criminal law. Personal also deals with traditional crimes against a person such as assault, rape, or murder. (Fradella & Neubauer, 2011 p. 61) A major advantage that courts take in personal jurisdiction is the long arms statute. This statute allows any court to reach out over long distances and obtain jurisdiction over anyone who is not present in the claim. An example of this was used in the Hanson v. Denckla case where the defendant purposely invokes its self from the protection of the state. So the courts use the “long distance statute”. There are many reasons to use personal jurisdiction when it comes to the courts and there are three types of these jurisdictions. (Farlex, personal Jurisdiction)

Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence (a state law civil suit).  Jim argues that the case should be dismissed for a lack of subject matter jurisdiction.  Is he right?

Personal jurisdiction is the power of a court over the parties in the case. Before a court can exercise power over a party, the constitution requires that the party has certain minimum contacts with the forum in which the court sits. Due to the parties involved had contact through the use of the internet, Margolin’s lawsuit against Funny Face and Novelty will have jurisdiction over them. Mr. Margolin could use these grounds to file suit and get compensation.

Personal jurisdiction refers to the ability of a court to exercise its power over a particular defendant or item of property. Personal jurisdiction may be categorized as in personam, in rem, or quasi in rem. The primary restraints on a court’s power to exercise personal jurisdiction are found in the United States Constitution, state statutes, and case law.

Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways. Mowit is also partly negligent because they new Smith did not know how to properly use the wood chipper, they let him use it anyways. Chip-it portion of the negligence is due to having a design defect in the wood chipper but allowed it to be sold anyways. Smith would be 70% negligent, Mowit would be 10% negligent, and Chip-it would be 20% negligent. This is because Smith had been told multiple times not to put his foot in the wood chipper and had probably seen the warning on the machine, but put his foot in it anyways.

The purpose of this essay is to analyze state court jurisdiction issues. To do so, this essay will look over the district courts, small claims court, and county courts. This essay will discuss their differences in cases, expenses, and processes and how they are limited.

Personal jurisdiction must pass the minimum contacts test, which is proven by purposeful advantage or voluntary act to seek the forum state for personal benefit and foreseeability which is the act of knowing the chance of being sued in the forum state (“Jurisdiction – Civil procedure”, 2016). It has been clarified that when applying personal jurisdiction, it must comply with “traditional notions of fair play and substantial justice” (Lambert, 2014). In the case of Asahi, there were three factors that were used to determine fair play and substantial justice. These factors

You are in the Superior Court for the City and County of San Francisco. You cite a Court of Appeal case from the Sixth Appellate District in San Diego. Your opponent cites a Court of Appeal case from the First Appellate District in San Francisco. Both are on point. Is either authority binding? Which authority has greater weight?

c) within the limits of their responsibility failed to devote adequate resources and personnel to the protection of the Plaintiff d) breached their statutory duty as provided in Police Act, and particularly s. 57 (McClure, 1990, pg. 169) In the following, the paper will discuss the negligence of the Toronto Police Service in respects to the claims mentioned above by Jane Doe. By investigating negligent misconduct, the failure of the police demonstrates how their discriminatory practices indirectly led to the victimization of Jane Doe. In order to determine whether the Defendants owed a private law duty of care to Jane Doe (who suffered a loss) revolves around the parallel of the foreseeability of risk and a special relationship of proximity

Henry Cheeseman defines venue as, “a concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred or where the parties reside.” (p. 1313). In this case, the crime was committed in the State of Oklahoma and took place on federal property. Since it took place on federal property the U.S. District Courts had jurisdiction over the case. This essay will discuss what the court would consider when deciding whether or not a change in venue was warranted in this case.

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.

Health dysfunctions and quagmire faced by the people, demands health professionals to stay on the cutting edge of their field and battle rigorously to mitigate the tribulation encountered by the patients. Undoubtedly, the prelude and the implementation of new technology, regarding the diagnosis and treatment of health abnormalities have certainly assuaged a spate of serious health hazards and aftermaths it embodies. Despite of such exceptional accomplishment in healthcare science, health professionals has not been able to downturn the rate of detrimental incidents prevalent in the hospitals or any healthcare organisation. The condition is even aggravated by the accusation of suffers and bereaved family member that the deliberate act of medical

The family of Spc. Kevin Shumaker, has accused the Army of criminal negligence in his death. Shumaker, of Livermore, California, was only 24 when he died of rabies on August 21, 2011, in a New York hospital. According to a military investigation, he was bitten on Combat Outpost Base Chamkani on January 11, 2011 while trying to break up a fight between a base dog and a wild one. While the investigation confirmed that Spc. Shumaker had told several people of the dog bite, it faulted him for not informing his chain of command or seeking immediate medical care. The report stated that this oversight meant that no timely rabies treatment was administered to him ("Parents Accuse Army", 2012). Rabies is invariably fatal once symptoms emerge, while it is completely curable if treated early.