'You just don't want that sort of person who's impaired' at the bedside." (Weber & Ornstein, p
Thus, they are seeking to stabilize a medical situation by any means necessary. They do not have, therefore, the relatively controlled conditions that doctors and nurses theoretically have (Maggiore, 2006)
The term tort is a French word whose English equivalent is the term wrong. It has also been considered to be a derivative of the Latin word tortum which can be loosely translated as twisted or crooked or wrong (Best, Arthur, and Barnes, 2)
It therefore means that a wrong or crooked conduct can be considered to be a tort. For a period of time the use of the term tort in day-to-day speech was common, however, the current use is more confined to the legal system (Calnan, Alan)
In case where fear exists that there might be future injury may not be admitted as sufficient to hold a suit. This rule has complicated matters when it comes to professional malpractice in the medical field and also industrial disease cases (Loiacono, Kristin)
This paper will discuss on the unintentional torts which is the topic in focus. What is unintentional tort? Unintentional tort, which is also referred to as tort of negligence transpires when there is injury suffered by one individual due to another individual's failure to meet required duty of care (Miller, and Jentz, 112)
The basic reasoning behind this element of duty of care is that, in a society people have the freedom to act as it may please them, however, this freedom is exercised to the extent that the interests of others are not infringed on the process. Each person therefore has the responsibility to exercise reasonable care failure to which there is the potential of committing a tort (Shapo, Marshall S
The fact that this occurred, is demonstrating how they failed to properly monitor and supervise her. (Palsgraf v. Long Island R. Co., 248 N
This caused all regulations to become integrated into a single standard. (Broughton, 2005) The case involving Joe and James is showing how both can be arrested for assault
As a result, the secondary incident is the underlying causes for negligence, treason and terrorism. (Owen, 2007) Discussion 2 Topic 2 The desk clerk is not liable for dog bites
This is because she let her believe that the gun was real and demanded her belongings. (Ruschmann, 2009) Discussion 2 The case with Belinda is showing how Jim engaged in treason and terrorism by passing classified secrets from the lost cell phone
The Doctrine of Respondeat Superior The doctrine of respondeat superior implies that employers or managers can be held liable for the explicit or indirect work-related actions of their employees. Generally, this legal doctrine considers the actions of the employee as the actions of the employer or manager (Sommerville, 2007, p
, and that distrust correlates with one's age and his or her health insurance coverage, and more importantly, it is strongly linked to worse self-reported health, even after the pollsters adjusted for income, education, race, sex, age and insurance coverage. These finding reveals several factors (Armstrong, et
A jury found that the soccer association was negligent; it also found that James Coleman was also negligent, and thus the trial court announced a verdict in favor of the association. Medical practitioners are often charged with reckless behavior in the initial summons or complaint in cases that frequently turn out to be matters of only ordinary negligence (Harris, et
The courts have found most of these difficulties cannot be circumvented and thus rejected the application of comparative negligence statutes. In the majority of the cases the end result has been to reject the application of such statutes; however some of the opinions offered by the judges have been characterized by judicial improvisation and strained reasoning (Plant, 1980)
" The subject of this paper however, is the exceptions to the principle, which will be called "misalignments." In misalignment cases, the risks considered in putting in place the standard of care are quite different from the ones for which damages are awarded or liability imposed (Port, 2011)
A new study recently released by the Congressional Budget Office revealed that income distribution had become even more uneven in the last thirty years, a report that could prominently feature in a battle of how to revive the economy and at the same time rein in federal debt. The poll findings show a restlessness and dissatisfaction heading into an election season (Zeleny and Thee-Brenan, 2011)
In this particular case Delgado, upon walking into the Laundromax doorway, stepped onto a clear liquid and fell injuring her head. The serious injury led her to sue Laundromax for negligence, arguing that the company had exercised negligent action resulting in her injury (Lofton para 1-5)