Write a research paper on the following topic: What four components are necessary in a case of negligence?
1. Chapter 3, Tort Law – Negligence
2. Chapter 8, pp. 166-175 (Defenses Against Plaintiff’s Allegations to Closings Statements)
3. Chapter 11, Nursing and the Law
Pozgar, G.D. & Santucci, N. (2022). Legal aspects of health care administration. (14th ed.). Sudbury: Jones & Bartlett Learning.
Peterson, K.F. (2006, October 17). Nursing negligence. Retrieved from https://www.robinskaplan.com/resources/publications/2006/10/nursing-negligence
This assignment gives you an opportunity to consider the facts of a case potentially involving a claim for negligence. You will have the opportunity to analyze the possible claim as well as the potential defenses to the claim presented by the plaintiff.
The following is a brief case scenario:
Following an automobile accident, a 19-year-old boy was brought to the hospital emergency department by ambulance. The patient was awake but not alert. He was treated in the emergency department for a closed head injury and transferred to a medical-surgical unit for further observation. No diagnostic tests, including CT scan or MRI, were ordered by either the emergency department physician or the attending physician on the medical-surgical unit. The following morning it was not possible to awaken him, and he was pronounced dead as a result of a subdural hematoma (which is bleeding on the brain). It was discovered that prior to the accident he had been drinking beer and taking medicine that was not prescribed for him. He had withheld this information from hospital authorities. His estate sued the hospital and the physicians for negligence.
In no more than 500 words, analyze the success of a claim for negligence. Your analysis should include a detailed discussion of each element (including a general description of the element and how that element relates to the fact scenario) of negligence and why that element is met or not met.
Second, analyze whether the defenses of contributory negligence or assumption of the risk may be asserted by the defendant, including a detailed discussion of why that defense is or is not applicable. Both defenses must be analyzed.
Lastly, provide a brief paragraph describing whether you believe a claim for negligence would be successful and why.
APA 7th edition format for all sources
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|