Hsa 515 Law and Health

Assignment 1: rightfulness and Healthcare HSA515 Health Care Policy, Law and Ethics Dr. Harold Griffin January 22, 2012   Identify and explain the four constituents of proof necessary for a plaintiff to enkindle a negligence case  The start-off element that a plaintiff essential prove is that the suspect owed him or her legal vocation of care.  Generally, this duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to not rig them in situations of undue risk of harm.  Proving this element will generally depend on the facts of the situation. After the plaintiff has proved that a legal duty of care existed, he or she must(prenominal) then prove that this duty was breached.  Generally, courts will use the cadence of a reasonable person when it comes to this question.  Specifically, this means that the judge or jury must view the facts of the situation and decide what a reasonable person would have done in a similar situation.  If this reasonable person would have acted differently than the defendant, its likely that it will be found that the duty was breached. causing is the most complicated element of negligence.

It means that the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of the duty of care.  This element has confused even the most respected legal minds everyplace time, and its proof should not be taken lightly. Last, a plaintiff in a negligence case must prove a legally recognized harm, usually in the frame of physical injury to a person or to property. It is not enough that the defendant failed to transaction reasonable care. The failure to exercise reasonable care must result in tangible damages to a person to whom the defendant owed a duty of care (FindLaw 2012). These damages can be actual cost such as medical expenses and lost income or intangible costs such as pain and suffering or loss of companionship.... If you want to get a full essay, point it on our website: Orderessay

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