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negligence case

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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.

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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.

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See Also This Related BrainMass Solution

Negligence Case: James and Barbara Hopper and their two-year-old granddaughter were staying at the Colonial Motel

Please help with the attached problem.

Thank you.

Problem for attached file:

Please help.
James and Barbara Hopper and their two-year-old granddaughter were staying at the Colonial Motel when David Wayne Clary, who was staying in the room directly above the Hoppers', accidentally, fired a handgun. The bullet went through the floor of Clary's room and through the ceiling of the Hoppers' room. It then struck and wounded Barbara. When Clary and Jason Michael Bird had checked into the motel a number of days earlier, they were being sought by the police for a number of theft-related incidents. Each day during their stay, Bird had paid at the motel office in cash. Clary and Bird had kept the curtains drawn and had directed the motel staff not to perform any housekeeping services in the room. Instead, housekeepers were to deliver clean bath towels to Clary and Bird through their partially open door. The room was normally left unlit. Neither Clary nor Bird had displayed a handgun to motel personnel, and no motel employee had been informed that either of the men had engaged, or was suspected of, criminal activity. The Hoppers sued the motel for negligence.

Hypothetically, if you were the judge in this case, how you would decide the case based on a negligence claim, and more importantly, indicating your legal analysis for deciding the case as you did.

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