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Legal Issues in Health Care

Illustrate a hypothetical example of the elements that must be proven by a claimant to win a negligence suit related to a health care issue.

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Interesting question! Let's take a closer look at the main elements of negligence, though definition and illustrative examples.

1. Illustrate a hypothetical example of the elements that must be proven by a claimant to win a negligence suit related to a health care issue.

In order to win a negligence suit related to health care, as claimant must prove either a lack of duty (e.g., lack of reasonable care, and/or a breach of duty e.g., unreasonable conduct.

1. The first element of negligence is duty. In the vast majority of cases, the duty is to use reasonable care to avoid injuring others, both bodily injury and property damage.

2. The second element of negligence is: breach of duty (unreasonableness). A breach of duty exists if the defendant engages in unreasonable conduct. When can we say that someone has acted unreasonably? One of the difficulties of tort law is to define what we mean by reasonableness as the standard of care by which to measure the breach of duty that leads to negligence ...

Solution Summary

Illustrates a hypothetical example of the elements that must be proven by a claimant to win a negligence suit related to a health care issue.

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