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case of potential liability

Bobby and Rachel were playing basketball on the school playground with a brand new backboard and rim build and installed by ACE Sports. When Bobby, with a boost from Rachel, tried to slam dunk the ball, he injured his wrists cutting them on the rim which had small pieces of metal sticking out from it.

There were no teachers or supervisors on school grounds at the time and the cuts were so severe that Rachel could not wait to call for help and was forced to take Bobby to the hospital on her bike. When they arrived at City General hospital, Bobby was immediately seen by a nurse who wrapped two large towels onto Bobby's wrists. Nurse Williams told Bobby to put pressure on the cuts while she tried to get a hold of his parents. Bobby was then directed to wait in the waiting room while his mother was contacted for insurance information for payment and consent. Bobby's mother was reached 75 minutes later. Because of lack of insurance Bobby was transferred to a local county facility for treatment.

Once seen by the county emergency room physician, Bobby was referred to Dr. Andrews for immediate surgery. Dr. Andrews determined that due to delays and extent of injuries Bobby's right hand/wrist would need to be amputated. The surgeon made all arrangements and the surgery was completed 3 hours later. When Bobby awoke with mother at his side, he was told that the left wrist was amputated in error and that he would require additional surgery to amputate the right wrist.

As a result of the circumstances in the hospital Bobby was left with both hands/wrists amputated.

Using the background materials as a foundation, research other sources and prepare and submit an essay not to exceed 4 pages, respond to the following:

Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA.

Define comparative negligence and discuss its application to the analysis of liability.

Avoid simply restating the facts/scenario. Incorporate them into your discussion. Be sure to properly cite all references

Solution Preview

This is an original work and has not been previously published or shared with any other source. This work is to be treated as a guideline to assist you with this assignment. At no time is it intended to be a final submission work and I discourage you from using it as such. Points made and topics discussed in this work should be researched further and validated by the student prior to utilizing it in their own work which will be complied for final submission to their schools.
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Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA.

Define comparative negligence and discuss its application to the analysis of liability.
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Although it is not possible for me as an OTA to write your paper for you, the information below is laid out in a manner that you can easily incorporate into an essay on the assignment. It will be necessary for you to flesh out the topics though so that your personal style is reflected in your final submission.

I. Before discussing the specific applications of liability in this case, it is necessary to define a few terms such as negligence, comparative negligence and EMTALA.
A. Negligence is a concept of common law applicable to tort cases in which a plaintiff is seeking monetary compensation for some physical or mental injury caused by someone else. It is not simply carelessness by another party but rather the opposite of diligence where proper care has not been taken to ensure the safety of people and property a duty of protection is owed to. As an example, if you are the owner of a movie theatre and a person slips and falls on your floor because it is wet from a spill, although the spill was not created by you or one of your employees, you are liable for negligence because you did not protect the public from harm by having it cleaned before it caused an accident.
B. Comparative negligence comes into play as a partial legal defense when two or more parties have failed to exercise diligence at a ...

Solution Summary

Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving Bobby, the nurse, the surgeon and City General. Be sure to discuss the elements of negligence as they apply to each party separately, and also discuss the application of EMTALA.

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