The Law And Civil Law

The tort of negligence is the term used to categorise behaviour that poses substantial risks to other people and property.

38. Which of the following describes when an employer is held vicariously liable for the torts of the “servant” or employee if the employee was acting within the scope of his or her employment?

An employer is vicariously liable for the negligent acts or omissions his employee commits during the course and scope of his employment under the doctrine of respondeat superior. In order for an employer to be liable there must be evidence that during the time of the negligent or omitted act, there was a master-servant relationship. Studebaker v. Nettie 's Flower Garden, Inc., 842 S.W.2d 229 (Mo. App. E.D. 1992); Jones v. Brashears, 107 S.W.3d 445 (Mo. App. S.D. 2003); Bargfrede v. American Income Life Ins. Co., 21 S.W.3d 160 (Mo. App. W.D. 2000); Gardner v. Simmons, 370 S.W.2d 359 (Mo. 1963). Respondent superior applies when the master had the right or the power to control and direct the conduct of another. Bargfrede, 21 S.W.3d at 162. The master-servant relationship arises when the person charged as a master has the right to direct the method by which the master 's service is performed. Id.

Medical malpractice, the negligence of a health professional in diagnosing, treating, and or caring for a patient, is a specific tort law under the negligence torts. In the medical field, the tort reform has affected many people including doctors, lawyers, insurance company owners and workers, patients, and including other citizens. While large corporations, doctors, and other defendants are benefitting from caps on damages, that is limiting the amount of money that can be granted in court, plaintiffs, lawyers, and citizens are affected differently. Doctor Sage stated in an interview that he has, “never felt that caps on damages had a major effect on patients one way or the other” (“Could Malpractice”). This remark makes those injured question about

Medical malpractice differs from a standards negligence claim and some states have different definitions. There are two primary formulations for the legal standard of

Describing and analyzing torts, crimes, and contract law will be very beneficial to any person involved in law. Providing a real-life or hypothetical examples of five kinds of intentional torts will be explained. Knowing the difference between a tort and crime is important and whether its possible for a violation to be both a crime and a tort. The conclusion will consist of the concept of “voluntary consent” as it relates to contract law and what impact does mistakes have on contract enforcement.

Under the doctrine of respondeat superior, an employer is vicariously liable for the negligent acts their employee commits during the course and scope of his employment. Studebaker v. Nettie 's Flower Garden, Inc., 842 S.W.2d 227, 229 (Mo. App. E.D. 1992); Jones v. Brashears, 107 S.W.3d 441, 445 (Mo. App. S.D. 2003). In order for an employer to be liable, there must be evidence that during the time of the negligent act, there was a master-servant relationship. Bargfrede v. American Income Life Ins. Co., 21 S.W.3d 157 161 (Mo. App. W.D. 2000); Gardner v. Simmons, 370 S.W.2d 367, 359 (Mo. 1963).

One approach to minimize large amounts of tort claims for medical malpractice is to put a cap on non-economical awards. Tort reform is the response; a tort is a civil lawsuit for damages over private wrongs other than breach of contract. According to Lau and Johnson (2014), a tort can be categorized into three categories: intentional tort, when tortfeasor acted with intent, negligence, if the tortfeasor did not act intentionally, but failed to act as a reasonable person, and lastly, strict liability, if the tortfeasor is engaged in certain activities, which caused injury or death due to it. The massive medical malpractice cases across the nation have made defending frivolous lawsuits is a national problem; ultimately, the general public

When considering the legalities of this scenario, negligence, vicarious liability, and physician- patient relationship are a few components that affect the outcome of a lawsuit. The amount of legal torts that were violated in this case was enough to cause disputes between patients and healthcare staff. Negligence is a familiar tort that occurs much more than it needs too. Unfortunately in this case, vicarious liability and patient-physician relationship are two considerations that influence this case as well.

Under the doctrine of respondeat superior, an employer is vicariously liable for the negligent acts their employee commits during the course and scope of his employment. Studebaker v. Nettie 's Flower Garden, Inc., 842 S.W.2d 227, 229 (Mo. App. E.D. 1992); Jones v. Brashears, 107 S.W.3d 441, 445 (Mo. App. S.D. 2003). For an employer to be liable, there must be evidence that a master-servant relationship existed during the time of the negligent act. Bargfrede v. American Income Life Ins. Co., 21 S.W.3d 157 161 (Mo. App. W.D. 2000); Gardner v. Simmons, 370 S.W.2d 367, 359 (Mo. 1963).

The legal theory of respondeat superior stands for the proposition that through vicarious liability a master may be liable for the acts of his or her servants in the course of his or her employment. Under this legal theory courts have found basketball teams labile for the actions of mascots employed by the team for the negligent acts of the mascot during the course of game. Accordingly, the Does can be found liable for the negligent acts of Bongo.

An individual can lose a lot when they fall to professional malpractices. It can be their natural physical appearance. It can be their sense of confidence and self-esteem. It can also be their savings or future earnings. With so much at stake, it is promoted that professionals get a professional liability insurance.

DQ. Identify and describe a policy or procedure in your organization that regulates employee and/or management conduct.

Negligence happens when a “person’s actions fall below a certain level of care. Negligence can involve doing something carelessly or failing to do something that should have been done.” (Fremgen, 2009, p. 35). In order to prove negligence the plaintiff must present the following elements: 1) duty to care, 2) breach of duty to care, 3) injury and 4) causation (Pozgar, 2012, p. 33). Duty to care is the first element which deals with the care that the defendant (physician) owes the plaintiff (the patient).

Civil law includes acts and case law that describes or understand individual 's and organization 's private rights, in their affairs and disputes that comprises of property, contracts, personal damage, family relationships, toll, or government rules and regulations and it mainly deals with disputes between private parties, or inattentive acts that cause harm to others. Among other powers, the civil court has the power in civil cases to dissolve matrimonies, distribute the properties of the parties, change legal custody of children, preside on trials, place dependent children in substitute care, approve adoptions and issue injunctions. The failure to exercise the point of cautiousness that an ordinarily sensible person would take in any circumstance may result in a negligence assertion. Depending on the situations, a person can be held responsible for any damages and injuries that arises as a result of their carelessness. The party who files the legal action is known as the plaintiff or applicant, while the party who is being sued stands as the defendant or respondent. The courts may discharge a case, or else if it is found to have merit, the courts may order the guilty party to take remedial action, although the traditional outcome is an order to pay damages - a monetary award planned to make up for the harm caused. The government plays no role in civil cases, unless the government introduces a lawsuit. Parties retain a lawyer to gather proof or evidence and present the