Analyze the potential success of a claim for negligence under one of the three possible scenarios. Include a detailed discussion of each element of the negligence claim and why that element is met or not met.

Case research: claims of neglience

Situation 1:
On this situation, a affected person was admitted to the hospital with chest ache and the physician did not order a needed coronary heart check. To ensure that a declare of negligence to achieve success, the plaintiff (the affected person on this case) should exhibit that: 1) There’s a obligation of care owed by the defendant (the physician); 2) The defendant breached that obligation; 3) The breach precipitated injury or harm; and 4) Damages had been suffered because of this.

Regarding the first ingredient, there may be clearly an obligation of care owed by the physician since he’s liable for offering medical therapy to his sufferers. It can be argued that he breached his obligation of care by not ordering an applicable check which might have resulted in earlier analysis and therapy – thus main us into the second ingredient. By way of causation, it may be stated that if the check had been executed then the end result might have been totally different and damages probably averted – assembly third ingredient. Lastly, it may be established that as a result of therapy was delayed because of lack of testing, damages resembling ache and struggling had been certainly suffered by plaintiff – satisfying fourth ingredient.

Primarily based on these components, it seems doubtless {that a} declare for negligence would achieve success on this scenario.

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