Explore BrainMass

Explore BrainMass

    negligence case

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    I need some help answering the following questions in paragraph form.

    1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.
    2. Explain how the standard of care can be proven
    3. Explain the principle of â??vicarious liabilityâ? (respondeat superior).
    4. Explain why a corporation is considered an â??artificial personâ? under the law.
    5. Explain the functions and responsibilities of the governing board of a healthcare corporation.

    © BrainMass Inc. brainmass.com October 10, 2019, 1:17 am ad1c9bdddf

    Solution Preview

    1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case.

    The four elements of proof necessary for negligence to be proved are Duty to protect, Failure to
    Exercise Reasonable Standard of Care, Proximate Cause and Actual Injury. In a health care setting,
    Staff and physicians have a duty to protect patients from foreseeable dangers that could lead to injury.
    They have a duty to make sure equipment is in good working order, so it does not lead to harm. They
    also have a duty to take preventive measures which create a safer environment. For example, staff
    have a duty to prevent patients from accidental shock during the use of electronic treatment or
    diagnostic devices, by making sure they are properly grounded. The failure to exercise reasonable
    care is considered an act that a health care worker should be able to perform to prevent injury or address
    a specific immediate medial need, should the circumstances require such action. For example, an emergency
    room nurse should be trained in and know how to perform CPR. The nurse may not be successful in every
    instance, but failing to receive proper training or to perform the procedure in the specified manner is failure
    to exercise reasonable care.

    proximate cause is the connection between failing to exercise a reasonable standard of care and
    the circumstances that such failure may bring ...

    Solution Summary

    The solution includes an explanation and examples, of the conditions necessary for a plaintiff to prove a case of medical negligence. It also discusses the role of the medical board of directors, it the healthcare organization.