Assignment # 1 – Law And Health Care

Assignment # 1 Law and Health disturbance
Health Care Policy, Law and Ethics- HSA 515
April 16, 2012
Professor Danita Hunter, DHA, PMP

Identify and explain the four elements of produce necessary for a plaintiff to prove a neglect case.
Negligence is the failure to use conventional care by either a lack of performance or an illusion in care. It occurs when someone does not implement the proper totality of care or does something that a reasonably cautious soulfulness would use or would not do under the said(prenominal) circumstances. The four elements essential to proving negligence are a profession of care, breach of that province, blemish, and causation (Showalter, 2007).
The results of some negligence cases are dependent on(p) upon whether or not the offender owed a specific calling to the complainant. These duties arise when the law identifies the relationship between the defendant and the plaintiff. establish on the findings within that relationship, it is determined if the defendant was obligated to turn of events within a certain standard of care toward the plaintiff. The royal court will find if a duty existed based on the act of a equitable person under the homogeneous particular set of circumstances (Reuters, 2012).
Once it has been determined that a duty existed, then it is determined whether or not the duty was breached.



A duty has been breached when a defendant knowingly undefended another to possible impairment. Even if the defendant did not clear up he was exposing another to injury, he should recognize the probability that both other reasonable person would have recognized; therefore, overly being a breach of duty (Shestokas, 2009).
After establishing a duty existed and there was a breach of that duty, the plaintiff must(prenominal) show that there was a loss or injury to recover. This requirement is important if a defendant is unable to sweep his negligence, but the plaintiff suffered no apparent injuries as a consequence. In this particular finding, the defendant will not be found liable. Even though loss or injury can vary...If you want to get a full essay, come out it on our website: Ordercustompaper.com



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