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Medical malpractice and how patients and physicians are affected
Medical malpractice argimentive paper
Medical malpractice and how patients and physicians are affected
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I. When can a client successfully bring a legal malpractice suit? Rule: In order for a client to successfully bring a legal malpractice suit they must show the required elements of legal malpractice which are “(1) an attorney-client relationship; (2) a duty owed to the client by the attorney to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess in exercising and performing the tasks which they undertake; (3) a breach of that duty; (4) the breach being the proximate cause of the client's damages; and (5) actual loss or damage resulting from the negligence.” Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004). Roadmap: This memo will only discuss elements 2-5 in that order, in addition the duty and breach element …show more content…
McDonald, Allyn was suing her attorney, McDonald, for legal malpractice due to McDonald’s alleged failure to timely file a personal injury claim. Allyn v. McDonald, 910 P.2d 263, 266 (Nev. 1996). The court initially granted summary judgement on behalf of McDonald since Allyn failed to bring an expert witness to show the breach of duty. Id. It was then established that “although expert evidence is generally required in legal malpractice to establish attorney’s breach of care, exception exists in cases where breach of care or lack thereof is so obvious that it may be determined by court as a matter of law. Id. In the case of Malfabon v. Garcia, legal malpractice action was being taken against Garcia since he allegedly failed to adequately investigate as well as ascertain the value of the case in negotiating settlement. Malfabon v. Garcia, 898 P.2d 107 (Nev. 1995). Furthermore, the court decided that even after settlement of a case, a legal malpractice action can still be brought. Id. Finally, rules 1.1 and 1.4 of the Nevada Rules of Professional Conduct require an attorney to be competent and to properly communicate with their client. Nev. R. Prof’l. Conduct 1.1, …show more content…
Nault, the parents of a man in a permanent vegetative state sued the attorneys representing him in his initial medical malpractice case for legal malpractice, but they failed to show proximate cause. Mainor v. Nault, 101 P.3d 308, 310 (Nev. 2004). Mainor v. Nault establishes that there needs to be a clear proximate cause between the attorney’s actions and the clients who suffered damages. Id. The case of Slaughter v. Coffing indicates that there needs to be an argument proving that malpractice was the proximate cause of damages. Slaughter v. Coffing, No.68911, 2017 WL 462250, at *3 (Nev. App. Jan. 24, 2017). RA: It seems that the most obvious reason Joyce did not get child support was due to Brenner’s failure to demand it during the divorce proceedings. His lack of prudence and diligence directly caused Joyce to lose out on support she would have benefitted from. Although the two cases mentioned above both fail to show proximate cause, Joyce does have a strong argument that shows Brenner’s negligence was the direct cause of her inability to receive child support. Conclusion: The precedents set by the cases above require proof that the attorney’s negligence directly caused the damages to the client, Joyce will likely be able to prove the direct link between Brenner’s negligence and her
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Ladies and gentlemen of the Jury. I am here to represent Justin Garcia, to prove the negligence of Jessica Nordeen. The law of negligence says that negligence occurs if an individual does something harmful that a person of ordinary intelligence would not do. In the next few moments,I will prove to the Jury that there was a breach of duty in the case of Garcia v. Nordeen.
A dentist fits several children with braces. The children are regular patients of the dentist. The results for some of the patients turn out to be unacceptable and damaging. There are children who have developed gum infections due to improperly tightened braces. Some mistakenly had their permanent teeth removed, while others have misaligned bites. A local attorney becomes aware of these incidences, looks further into it, and realizes the dentist has not been properly trained and holds no legal license to practice dentistry or orthodontics. The attorney decides to act on behalf of the displeased patients and files a class action lawsuit. The attorney plans to prove the dentist negligent and guilty of dental malpractice by providing proof using the four D’s of negligence. The four D’s of negligence are duty, dereliction, direct cause and damages.
Explain the issue or dilemma using information from the readings in the book and other sources.
...who violated Randy’s rights. With such little evidence from the Plaintiff, and the fact that Caruso is not a medical professional, she was not involved in the making of policies and procedures relating to medical matters. Therefore, Caruso did not act with deliberate indifference and was entitled summary judgment, because Plaintiff Parsons failed to provide sufficient evidence on Caruso.
Plaintiff, Sandra Johnson, seeks damages for negligence against Chris Williams as a result of a car accident. On November 01, 2013, Defendant, Chris Williams was in a car accident at the intersection of Elm and Maple Street traveling at approximately 5:45pm- 6:00pm. when Mrs. Johnson’s vehicle struck his car. (Williams Dep. Pg. 2). Mrs. Johnson was alone in her car, a white Toyota Corolla, going north on Elm. At the intersection,
First let us define negligence. “Negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care. The risk must be foreseeable, it must be such that a reasonable person performing the same activity would anticipate the risk (Miller, 2013).” For Myra’s claim of negligence to be proved her team must prove duty, breach, causation, and damages. Our defense will be based on Myra’s assumption of risk as a judge, contributory negligence, and comparative negligence.
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
In conclusion, McIntyre vs. Balentine was a landmark case in the United States regarding contributory negligence in a lawsuit. This lawsuit was filed following an accident in which the plaintiff and defendant were involved though they disputed each other’s claims on the chronology of events preceding the incident. The trial court ruled in favor of the defendant on the basis that they were equally at fault despite the fact that the plaintiff suffered severe injuries. The Court of Appeals upheld this ruling since comparative negligence is not law in the state and affirming the admissibility of criminal presumption of intoxication as evidence in a civil case.
It is in the best interest of Athletic Directors and coaches to know how the rule of law pertains to athletics, physical education classes and recreation as our society today has become very litigious (Wolohan, 2013). In the case where a tort or wrongful act in which an injury occurred, whole departments, institutions, along with the individual who are in charge of oversight may be sued for negligence (Wolohan, 2013). In the past, it usually was just the individual who needed to be concerned. Hence, because of the increase in civil tort suits associated with athletics which are being brought to our court system to be resolved, sports law has become a major course of study at our colleges and universities (Wolohan, 2013). Therefore, having knowledge of what is or is not a tort, may be helpful to sports administrators in how they manage staff and facilities. Furthermore, the three types of common torts that affect athletic departments are negligence, intentional negligence, and defamation. Hence, examining each further may be helpful to athletic administrators and staff in preventing civil tort law suits.
Medical malpractice cases are difficult for the families who have lost their loved one or have suffered from severe injuries. No one truly wins in complicated court hearings that consist of a team of litigation attorneys for both the defendant and plaintiff(s). During the trial, evidence supporting malpractice allegations have to be presented so that the court can make a decision if the physician was negligent resulting in malpractice, or if the injury was unavoidable due to the circumstances. In these types of tort cases, the physician is usually a defendant on trial trying to prove that he or she is innocent of the medical error, delay of treatment or procedure that caused the injury. The perfect example of being at fault for medical malpractice as a result of delaying a procedure is the case of Waverly family versus John Hopkins Health System Corporation. The victims were not compensated enough for the loss of their child’s normal life. Pozgar (2012) explained….
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
To begin a claim in professional negligence, you must begin with establishing that there is a professional duty of care owed towards the plaintiff. The most significant case in relation to professional negligence is Hedley Byrne v Heller & Partners Ltd [1964] AC 465. This is because for the first time, it established that a third party relying upon a statement made the him/her may be owed a duty of care by the maker of that statement. The outcome from the Hedley Byrne v Heller Partners (1964) established that a duty of care would be owed (in relation to statements) where there is a ‘special relationship’ between the giver and recipient of the advice or statement. Despite this, a definition for a ‘special relationship’ was not fully defined, however it tends to go by meeting these three requirements; a reliance by the claimant of the defendant’s special skill and judgement; knowledge, or reasonable expectation of knowledge on the part of the defendant, that the claimant was relying on the statement; and that it is reasonable in the ...
The statute of limitation refers to the length of time in which a plaintiff can file a claim. The principle behind statute of limitation is that lawsuits cannot be improved as time passes by. For one, clear details of the facts can be blurred as memories can fade and witnesses may die, go away, or lose interest of the case. Ideally, court prefers to settle the case as soon as disputes develop (Warner, 2010). However, for professional and product liabilities, with injuries may take time to manifest, many courts adapted different rules such as postponing the running of the statute until the injury has been reasonably discovered. The length of time differs among states and branches of law (Danzon, 1985). The long and deferred statutes of limitations lead to long tail of claims and contributed majority of medical malpractice and product liability (Danzon, 1985). In this section, statutes of limitations for medical malpractice in two states are compared.
In our given scenario we are asked to discuss legal principles influencing the likelihood of any successful action against Steve in the grounds of negligence. Steve’s negligent driving caused a series of events that caused losses to the other people presented in the scenario and they take actions against Steve in the grounds of negligence. At first we must understand what negligence is. The tort of negligence provides the potenti...