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 March 21, 2019, 8:17 pm 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.