This document summarizes key recommendations for developing an effective multicultural team. It analyzes stages of group development and proposes ways to help the team progress through each stage. Communication, expectations, and differing values are identified as common challenges for multicultural teams, and overcoming these through clear norms and understanding different perspectives is advised. Group decision-making challenges like social loafing and groupthink are also discussed along with solutions. Overall recommendations include establishing group processes and norms, focusing on collaboration over individual goals, and leveraging diversity of thoughts to enhance outcomes.

1. Chapter 3
Tort Law−Negligence
Learning Objectives
Describe what a tort is and the objectives of tort law.
Define negligence and explain the distinction between
negligence and malpractice.
Explain how the commission and omission of an act
differ.
Explain the elements necessary to prove a
negligence case.
Describe the importance of foreseeability in a negligence
case.
Tort Law
Definition
A tort is 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.
What are the objectives of tort law?
Objectives of Tort Law
Preservation: Of peace between individuals
Culpability: Find fault for wrongdoing
Deterrence: To discourage the wrongdoer (tort-feasor) from
committing future wrongful acts
Compensation: To indemnify injured person(s)

2. What are the three basic categories of tort law?
Negligence
Negligence is a tort.
It is the “unintentional” commission or omission of an act that
a reasonably prudent person would or would not do under
given circumstances.
What is commission of an act?
Commission of an Act
Administering the wrong medication
Administering the wrong dosage of a medication
Administering medication to the wrong patient
Performing a surgical procedure without patient consent
Performing a surgical procedure on the wrong patient or body
part
Performing the wrong surgical procedure
What is omission of an act?
Omission of an Act
Failing to conduct a thorough history and physical
examination
Failing to assess and reassess a patient’s
nutritional needs
Failing to administer medications
Failing to order diagnostic tests
Failing to follow up on abnormal test results
Failing to conduct a time-out prior to surgery
What is malpractice?

3. Malpractice
Negligence or carelessness of a professional person
Nurse practitioner, pharmacist, physician, physician’s assistant
For example: A surgeon who conducts a surgical procedure on
the wrong body part
What is criminal negligence?
Criminal Negligence
“Reckless disregard” for the safety of another
Willful indifference to injury that could follow an act
What are three forms of negligence?
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
What is malfeasance?
Malfeasance
Execution of an unlawful or improper act
For example: Performing a partial birth abortion in the third
trimester when prohibited by law
What is misfeasance?
Misfeasance
Improper performance of an act
For example: Wrong-sided surgery, such as the removal of a

4. healthy kidney instead of the diseased right kidney
What is nonfeasance?
Nonfeasance
Failure to act when there is a duty to act
For example: Failing to order diagnostic tests or prescribe
medications that should have been ordered or prescribed under
the circumstances
What are two degrees of negligence?
Degrees of Negligence
Slight: Minor deviation of what is expected under the
circumstances
Ordinary negligence: Failure to do what an ordinary, prudent
person would do
Gross negligence: Intentional or wanton omission of required
care or performance of an act
What are the elements of negligence ?
Elements of Negligence
Duty to use due care
Standard of care
Breach of duty
Injury/actual damages
Causation
Proximate cause
Foreseeability
What is duty to care?

5. Duty to Care
A legal obligation of care, performance, or observance imposed
on one to conform to a recognized standard of care to safeguard
the rights of others
Standard of Care
The standard of care describes the conduct expected of an
individual in a given situation.
The general standard of care that must be exercised describes
what a “reasonably prudent person” would or would not do
under the “same or similar circumstances.”
It is a measuring stick for properly assessing actual conduct
required of an individual.
The reasonableness of conduct is judged in light of the
circumstances apparent at the time of injury and by reference to
different characteristics of the actor (e.g., age, gender, physical
condition, education, knowledge, training, and mental capacity).
Describe a reasonably prudent person.
Reasonably Prudent Person
Describes a nonexistent, hypothetical person who is put forward
as the community ideal of what would be considered
reasonable behavior
What is meant by similar circumstances?
Similar Circumstances
Circumstances at the time of the injury

6. Circumstances of the alleged wrongdoer(s) at the time of injury
Age
Physical condition
Education and training
Licenses held
Mental capacity, etc.
How is the standard of care determined?
Determining Standard of Care
Established by a legislative enactment or administrative
regulation
Adopted by the court from a legislative enactment or an
administrative regulation
Established by judicial decision
Applied to the facts of the case by the trial judge or jury if there
is no such enactment, regulation, or decision
Courts often rely on the testimony of an expert witness as to the
standard of care required.
Community standard of care vs. national standard of care
Duty Created by Statute
1. The defendant must have been within the specified class of
persons outlined in the statute.
2. The plaintiff must have been injured in a way that the statute
was designed to prevent.
3. The plaintiff must show that the injury would not have
occurred if the statute had not been violated.
Hastings Case: Duty to Care
The duty to care in this case cannot be reasonably
disputed.

7. Louisiana, by statute, 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.
The hospital’s bylaws provide that patient transfer should not
occur without due consideration for the patient’s condition.
Community vs. National Standard
Community standard
The hometown standard: We want to do things our way.
National standard
Most currently accepted standard of care on a national basis.
Ethics and Standard of Care
Some medical standards of care are influenced by medical
ethics.
For example, a decision concerning termination of resuscitation
efforts is an area in which the standard of care includes an
ethical component.
Case: Hiring Practices
The nurse was hired sight unseen over the telephone.
The applicant falsely stated in an employee application that he
was licensed as an LPN.
His license was not verified by the employer.
He had committed 56 criminal offenses of theft.
He assaulted a resident and broke the resident’s leg.

8. What was the duty of the employer?
Case: Hiring Practices
Employer’s Duty
Standard expected
The employer had a “duty” to validate the nurse’s professional
license.
What is breach of duty?
Breach of Duty
The failure to conform to or the departure from a required
obligation owed to a person
The obligation to perform according to a standard of care may
encompass either doing or refraining from doing a particular act
Deviation from the recognized standard of care
Failure to adhere to an obligation
Failure to conform to or the departure from a required duty of
care owed to a person
Hastings Case: Breach of Duty
Hospital regulations provided that when a physician cannot be
reached or refuses a call, the chief of service must be notified
so that another physician can be obtained. This was not done.
A plaintiff need not prove that the patient would have survived
if proper treatment had been administered, only that the patient
would have had a chance of survival.

9. Breach of Duty Examples
For example, breach of duty occurs when
A physician fails to respond to his or her on-call
duties.
An employer fails to adequately conduct a pre-
employment check (e.g., licensure, background check).
What is an example of a breach of duty?
Case: Hiring Practices
Breach of Duty
The nurse was hired sight unseen over the telephone.
The applicant falsely stated in an employee application that he
was licensed as an LPN.
His license was not verified by the employer.
He had committed 56 criminal offenses of theft.
He assaulted a resident and broke the resident’s leg.
What was the breach of duty?
Case: Hiring Practices
Breach of Duty (cont’d)
The employer failed to verify the applicant’s licensure.
A more thorough background check should have revealed this
employee’s previous criminal conduct.
Discuss the element of injury.

10. Injury
Actual damages must be established.
If there are no injuries, no damages are due.
Hastings Case: Injury
Causation in the Hastings v. Baton Rouge Hospital case was
well-established.
In the ordinary course of events, Hastings would not have bled
to death in a hospital emergency department over a 2-hour
period without some surgical intervention to save his life.
Case: Hiring Practices
Injury
The nurse was hired sight unseen over the telephone.
The applicant falsely stated in an employee application that he
was licensed as an LPN.
His license was not verified by the employer.
He had committed 56 criminal offenses of theft.
He assaulted a resident and broke the resident’s leg.
What was the injury?
Case: Hiring Practices

11. Injury (cont’d)
The resident suffered a broken leg.
The hospital is vicariously liable for the nurse’s
conduct.
Criminal charges are applicable in this case against the nurse.
What is causation?
Causation
Reasonable anticipation that harm or injury is likely to
result from an act or an omission to act
Act or conduct in departing from recognized standard of care
must be cause of patient’s injury
Injury must have resulted from breach of duty
Injury must have been foreseeable
Eliminating Causes
Another way to establish the causal relationship between the
particular conduct of a defendant and a plaintiff’s injury is
through the process of eliminating causes other than the
defendant’s conduct.
Hastings Case: Causation
Causation in the Hastings v. Baton Rouge Hospital case was
well-established.
In the ordinary course of events, Hastings would not have bled
to death in a hospital emergency department over a 2-hour

12. period without some surgical intervention to save his life.
Case: Hiring Practices
Causation
The nurse was hired sight unseen over the telephone.
The applicant falsely stated in an employee application that he
was licensed as an LPN.
His license was not verified by the employer.
He had committed 56 criminal offenses of theft.
He assaulted a resident and broke the resident’s leg.
Case: Hiring Practices
Causation Established
Reasonable anticipation that harm or injury was likely to occur
The patient suffered a broken leg.
Departing from recognized standard of care
Failure to verify licensure and conduct an adequate
background check
Injury resulted from the breach of duty
Injury was foreseeable
Case: Failure to Hydrate
Causation
Failure to administer proper hydration
Not unreasonable to conclude that one’s dehydration can be
caused by failing to provide water
Describe what is meant by foreseeability.

13. Foreseeability
Reasonable anticipation that harm or injury is likely to result
from an act or an omission to act
What is the test for foreseeability?
Test for Foreseeability
The test for foreseeability is whether a person of ordinary
prudence and intelligence should have anticipated danger to
others caused by his or her negligent act.
What is causation?
Hastings Case
Foreseeability
In Hastings v. Baton Rouge Hospital, it was highly probable
that the patient would die if the bleeding was not stopped.
The broad test of negligence is what a reasonably prudent
person would foresee and would do in light of this
foresight under the circumstances.
Case: Hiring Practices
Foreseeability
A person of ordinary prudence and intelligence should have
anticipated the danger to the resident caused by the employer’s
negligent act.
Case: Hot Radiator
Foreseeability

14. A patient’s left foot came in contact with a radiator and she
suffered third-degree burns.
The defendant had knowledge of the
plaintiff’s condition.
The defendant should have shielded the radiator or not placed
the plaintiff next to it.
Cases: Foreseeability
O’Neill v. Montefiore Hospital (1960)
O’Neill visits ER at 5:00 AM with chest pains
Niles v. City of San Rafael (1974)
Kelly Niles suffers head injury
Hastings v. Baton Rouge Hospital (1985)
19 year old with stab wounds to the neck
Surgery
Sponge and Instrument Count
Dr. Smith owns the local outpatient surgery center.
He instructs employees to count all instruments and surgical
sponges following a surgical procedure, prior to closing the
surgical site.
Annie, an employee, failed to conduct the count following Bill’s
surgery.
Two months later, Bill, suffering from extreme abdominal pain
was noted to have several sponges and an instrument in his
abdomen, which had caused him to develop a massive infection.
Will Dr. Smith be liable for Annie’s negligence?
Decision
Sponge and Instrument Count
Yes!

15. Even though Annie had strict instructions to count the sponges
and surgical instruments prior to closing the surgical site, she
failed to do so.
To determine otherwise would undermine the doctrine of
vicarious liability, since employers would almost always escape
liability by presenting evidence that employees were given
careful instructions.
Review Questions
Describe the objectives of tort law.
Explain between negligence and malpractice?
Describe the elements of a negligence that the plaintiff must
establish in a negligence suit.
Describe the importance of causation in establishing liability in
a negligence suit.
Multicultural Team
This course has major project assignments due in Week
3 and Week 5. It will take more than a week's effort to
adequately complete them. Plan time to start the research and
work on those assignments earlier than the week in which they
are due.
Recently, you have been assigned the task of assembling a
multicultural, team in your organization. The purpose of the
team is to design and implement leadership development and
succession process for the organization.
Based on research using the course text and other scholarly
materials:
· Analyze the stages of group development the teams should
expect to experience. At each stage, make recommendations that
will help move the team into the next stage.
· Multicultural project teams often face problems with
communication, expectations, and values. How do you think
some of these challenges can be overcome?

16. · Explain some of the group decision-making challenges the
team may experience and recommend ways to overcome them.
· Discuss at least three recommendations to help make these
teams effective.
· Submit your paper in a 4-to-5-page Microsoft Word document,
using APA style.
· Support your responses with examples and research.
3
Multicultural Team
Your Name
MGT3002: Organizational Behavior
Professor (or Dr.) FirstnameLastname
Date
This paper outline is to be used to complete this assignment.
CAUTION: Do not us this outline without reading the entire
assignment (including expected page length) to ensure you have
the entire context to which this paper should be written.
Place your introduction paragraph here. It should be five or six
sentences and provide the reader with some perspective about
your topic. APA 7th edition asks you “Limit the use of “I” and
“you” in academic writing”. Although the introduction does not
contain all details, it should provide an overall outline of the
subtopics you will cover in your paper. Readers should be able
to read your introductory paragraph and have a good
understanding of what to learn from your paper. Be sure to use
APA format throughout your paper. Font should be Times New

17. Roman 12 pt. and double space between lines.
Team Development and Progression Recommendations
In this section of your paper address this part of the assignment
and grading rubric. Analyze the stages of group development
the team should expect to experience, including
recommendations at each stage to help move the team to the
next stage. Remember to include credible research to support
your statements. Avoid opinions unless the assignment
specifically asks for them (rare in most courses). Your own
thoughts are encouraged but look to support your thoughts with
credible research from textbooks or library.Remember to indent
all paragraphs and check spelling and grammar. Each paragraph
should be at least 4-5 sentences. Do not include these helpful
outline instructions in the final paper submitted.
Overcoming Multicultural Team Challenges
In this section of your paper address: Propose the ways the
challenges faced by the multicultural project teams can be
overcome. Remember to include credible research to support
your statements. Avoid opinions unless the assignment
specifically asks for them (rare in most courses). Your own
thoughts are encouraged but look to support your thoughts with
credible research from textbooks or library.Remember to indent
all paragraphs and check spelling and grammar. Each paragraph
should be at least 4-5 sentences. Do not include these helpful
outline instructions in the final paper submitted.
Group Decision-Making Challenges
In this section of your paper address: Explain some of the
group decision-making challenges the team may experience and
recommend ways to overcome them. Remember to include
credible research to support your statements. Avoid opinions
unless the assignment specifically asks for them (rare in most
courses). Your own thoughts are encouraged but look to
support your thoughts with credible research from textbooks or
library.Remember to indent all paragraphs and check spelling
and grammar. Each paragraph should be at least 4-5 sentences.
Do not include these helpful outline instructions in the final

18. paper submitted.
Team Effectiveness
In this section of your paper address: Provide recommendations
to make the team effective.Remember to include credible
research to support your statements. Avoid opinions unless the
assignment specifically asks for them (rare in most courses).
Your own thoughts are encouraged but look to support your
thoughts with credible research from textbooks or
library.Remember to indent all paragraphs and check spelling
and grammar. Each paragraph should be at least 4-5 sentences.
Do not include these helpful outline instructions in the final
paper submitted.
Conclusion
In your conclusion restate your main topic/thesis and provide an
overview of the main points of your paper. Remember to indent
all paragraphs and check spelling and grammar. Each paragraph
should be at least 4-5 sentences.
Be sure to delete all instructions on the outline before
submitting your paper.
References
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Capital letter also for subtitle. Name of Journal,
volume#(issue#), pg#-pg#.
Author(s) of essay or chapter. (year). Title of essay or chapter.
In F. M. Lastname (Ed.), Book title (pages of essay or chapter).
Publisher. https://doi.org/10.xx.xxxxxxxxxx
Freud, S. (year). Article title. Name of Journal, volume(issue),
pages. https://doi.org/10.xx.xxxxxxxxxx
Pavlov, I., Jung, C., & Freud, S. (year of last update, month
day). Webpage title. Source or hosting webpage.
https://www.someurl.com/full/address
Ramirez, A. T. (year). Book title. Publisher.
https://doi.org/10.xx.xxxxxxxxxx
Skinner, B. F., &Ferster, C. B. (year). Article title: Capital
letter also for subtitle. Name of Journal, volume#(issue#), pg#-
pg#. https://doi.org/10.xx.xxxxxxxxxx

19. Stein, D. J., Friedman, M. J., & Blanco, C. (Eds.). (year). Book
title (edition, Vol. #). Publisher.
https://doi.org/10.xx.xxxxxxxxxx