Is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances quizlet?
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Terms in this set (24)Tort A civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Objectives of Tort Law 1.
Preservation of peace (between individuals by providing a substitute for retaliation) Negligence A tort, a civil or personal wrong. It is the unintentional commission or omission of an act that a reasonably prudent person would or would not perform under given circumstances. Form of conduct caused by heedlessness or carelessness that constitutes a departure from the standard of care generally imposed on reasonable members of society. It can occur where a person has considered the consequences of an act and has exercised his or her best possible judgement, fails to guard against a risk that should be appreciated and engages in certain behavior expected to involve unreasonable danger to others Commission of an Act examples Administering the wrong medication
Omission of an Act examples Failure to administer medications Malpractice The negligence or carelessness of a professional person Criminal Negligence The reckless disregard for the safety of another Malfeasance Execution of an unlawful or improper act Misfeasance Improper performance of an act, resulting in injury to another Nonfeasance Failure to act, when there is a duty to act as a reasonably prudent person would in similar circumstances Elements of Negligence 1. Duty to care All 4 elements must be present in order for a plaintiff to recover for damages suffered as a result of a negligent act Duty A legal obligation of care, performance, or observance imposed on one to safeguard the rights of others. Standard of Care Describes what conduct is expected of an individual in a given situation Reasonably Prudent Person A nonexistent, hypothetical person who is put forward as the community ideal of what would be considered reasonable behavior Neade vs Portes A physician expert was allowed to base an opinion on the breach of the standard of care based on violation of an ethical standard established by the American Medical Association. Creation of Duties Some
are created by statute which occurs when a statute specifies a particular standard that must be met. Establishing Liability 1. The defendant must have been within the specified class of persons outlined in the statute Hastings vs Baton Rouge Hospital Medical malpractice action for the wrongful death of a 19 year old boy The duty to care in this case cannot be reasonably disputed Louisiana imposes a duty on hospitals licensed in Louisiana to make emergency services available to all persons residing in the state regardless of insurance coverage or economic status Deerings West Nursing Center vs Scott Found to have negligently hired an incompetent employee who it knew or should have known was incompetent, thereby causing unreasonable risk of harm to others. The appellant violated
the very purpose of Texas licensing statutes by failing to validate whether or not the applicant had a current LVN license. Breach of Duty The failure to conform to or the departure from a required obligation owed to a person Injury Includes more than physical harm Not limited to physical harm but includes loss of income or reputation and compensation for pain and suffering The mere occurrence of an injury does not necessarily establish negligence for which the law imposes liability because the injury might be the result of an unavoidable accident or act of God, such as a lightning strike that is the direct cause of an injury Causation Requires that there be a reasonable, close and causal connection between the defendant's negligent conduct and the resulting damages suffered by the plaintiff. Proximate Cause Refers to the relationship between a breached duty and the injury Foreseeability The reasonable anticipation that harm or injury is likely to result from an act or an omission of an act Sets with similar termsHearn 241 terms air_e_el Health Law Chapter 422 terms
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