This document discusses a negligence case involving a man named Mr. Benson. Mr. Benson went to the hospital to have his leg amputated, but the doctor amputated the wrong leg. This raises the question of whether the doctor was negligent. The document will define and differentiate between negligence, gross negligence, and malpractice. It will then determine which category the doctor's actions fall under based on the details of Mr. Benson's case.
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Negligence Paper
1. 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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2. 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
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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
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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