Negligence Negligence Paper Negligence Essay Negligence

1. Negligence
Negligence refers to failure to act with a reasonable caution that causes an injury or death of a
person. For example, in this case the failure to put a "wet floor" sign is considered an act of
negligence, because the person responsible for putting the "wet floor" sign failed to act with care.
There are four elements that determine negligence and they are as follow: "a duty to use due care,
breach of the duty of due care, actual cause of injuries or damages and the proximate cause of
injuries or damages". In this case, Michelle failed to act with negligence when she forgot to display
the "wet sign", which caused Paul to fall and break his ankle.
Frist element of negligence refers to duty of due care. This means that we, people, have an obligation
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2. Negligence Paper
It is human nature to make mistakes; however, mistakes that cause harm to someone else could be
considered negligence. In the case with Mr. Benson in the Neighborhood Newspaper article, a
mistake was made that was irreversible. He went into the hospital to have his leg amputated, and the
doctor amputated the wrong leg. The question is was the doctor negligent in his practice? Is the
amputation of the wrong leg considered to be malpractice on the doctor's part? This paper will
differentiate between negligence, gross negligence, and malpractice. After differentiating between
these terms, it will be determined if the doctor operating on Mr. Benson was considered to be
negligent, gross negligent or was this mistake malpractice.
To...show more content...
25). Unfortunately, the article regarding Mr. Benson's case did not give detail on whether or not
proper documentation had occurred. However, one can assume documentation was not done
properly as the wrong leg had been amputated. If proper documentation had been completed in Mr.
Benson's case, it is possible someone besides the surgeon may have caught the wrong leg was about
to be amputated. An example of proper documentation would be the consenting of the patient for
surgery. Mr. Benson had to have been consented for surgery, which means a doctor or a nurse
practioner would discussed with the patient which leg was to be amputated, signs and symptoms of
complications and what to expect after surgery. If there was any question once the patient was in
the operating room, which leg to amputate, anyone could have looked in the patient's chart to see
what Mr. Benson had been consented for. Documentation of the time out could have also prevented
Mr. Benson from having the wrong leg amputated. The reason being is, everyone involved in the
case would have stopped and made sure the right patient was in the operating room and the right
surgery was to be performed so it could be documented this act was completed. Not only proper
documentation could have prevented this horrible act but also the help of the nurses could have
prevented a mistake like this from happening.
The use of ethical principles by the nurse
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3. Negligence Essay
| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes)|
UNITCode: TITLE: | NAME OF STUDENT (PRINT CLEARLY)FAMILY NAMEFIRST NAME|
STUDENT ID. NO. | NAME OF LECTURER (PRINT CLEARLY) | DUE DATE | Topic of
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assignment is my own work and that any material drawn from other sources has been acknowledged.
Copyright in assignments remains my property. I grant permission to the University to make copies
of assignments for assessment, review and/or record keeping purposes. I note that the University
reserves the right to check my assignment for...show more content...
6.2 (insert your second sub heading here)...........................................6.3 (insert your third sub heading
here).............................................
(insert subsequent sub headings here if and as necessary)
7.0 Conclusion ...........................................................................
8.0 End References and Table of Cases ..............................................
1.0 INTRODUCTION
This article will be written focused on the Topic Negligence and its three conditions which needs to
be satisfied on balance of probability such as Duty of Care, Standard of Care and the requirements
to prove that the causation of the damages suffered by the plaintiff was due to the act of the
defendant. The article would cover these elements and its components in detail to provide the reader
with a deep understanding on Negligence which is known to be one of the better known Torts.
Furthermore this essay will be written relating every components with cases to provide a better
knowledge to readers.
2.0 BACKGROUND
Negligence can be identified as one of many Torts. It is considered to be the most popular Tort.
Negligence can be briefly defined as failure to take care on something and another party suffers
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4. Negligence
How to Avoid 4 Common Negligence Mistakes on Torts Essays Wednesday, December 5, 2012
California Bar Applicants, Welcome to the latest issue of our California Bar Exam newsletter. For
those of you preparing for the February 2013 exam or looking ahead to the July 2013 California bar
exam, we consider the following in this issue: Important Upcoming California Bar Exam Dates
Recent BarReviewSolutions.com California Bar Exam News & Announcements California Bar
Exam Essays In–Depth: How to Avoid Common Mistakes with Negligence on Torts Essays
California Bar Exam Newsletter Discount Important Upcoming California Bar Exam Dates
________________________________________ Final Filing Deadline for February 2013 Exam:
January 15,...show more content...
The Cardozo standard espouses a duty is owed to foreseeable individuals in the zone of danger.
Whereas, the Andrews standard espouses a duty is owed to all. After applying these standards,
one may conclude if a Duty is actually owed to the plaintiff. The second part of any Duty analysis
should then address the standard of care that the defendant owed the plaintiff. Absent any special
duty (e.g., invitee, licensee, etc...), the ordinary standard of care is that of a reasonably prudent
person in like or similar circumstances. That is, the defendant owes a duty to the plaintiff to act as
a reasonably prudent person in like or similar circumstances. Too often, we see individuals omit
one of these two parts of Duty for their treatment of the issue on a Torts essay. Mistake 2. Premature
Discussion of Breach; Avoid by Clearly Delineating the Issues of Duty and Breach Another
Negligence mistake encountered by individuals is prematurely including Breach analysis in the
Duty analysis. In this case, an individual will identify the issue for discussion as Duty but then
proceed to explain how the Duty was breached without first explaining whether a duty is owed or
identifying the standard of care. Essentially, this mistake leads an individual to omit the analysis of
Duty altogether. To avoid this same mistake, reserve the analysis for
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