A Medical Negligence Problem Question - Law Teacher.
The elements required for a successful negligence claim are a duty of care, breach of that duty, that the breach caused the loss and remoteness of damage issues. Only once it has been established that there has been a breach of a duty of care does the court consider causation and remoteness issues.
Negligence is the most important tort in modern law and it is essentially concerned with compensating people who have suffered damage as a result of the carelessness of others. (1) Negligence concerns breach of a legal duty, with the result that damage is caused to the claimant.
Breach of duty in negligence liability may be found to exist where the defendant fails to meet the standard of care required by law. Once it has been established that the defendant owed the claimant a duty of care, the claimant must also demonstrate that the defendant was in breach of duty.The test of breach of duty is generally objective, however, there may be slight variations to this.
Negligence: duty of care Chapter 3. Duty of care: further issues Chapter 4. Pure economic loss and negligent misstatement Chapter 5. Psychiatric injury Chapter 6. Breach of duty: the standard of care Chapter 7. Causation in fact Chapter 8. Causation: intervening acts and remoteness Chapter 9.
ESSAY QUESTIONS AND SELECTED ANSWERS JUNE 2010 FIRST-YEAR LAW STUDENTS’ EXAMINATION This publication contains the essay questions from the June 2010 California First Year Law Students’ Examination and two selected answers for each question. The answers received good grades and were written by applicants who passed the examination.
The law of patient confidentiality clearly states that the physician must keep all information a patient informs them in confidence, unless it acquires serious medical care, but if the doctor breaches the confidentiality by informing a third party without the patient’s consent, he or she could be sued.
Guidance on answering problem and essay questions; Annotated judgments and statutes;. Tort Law Answers to end-of-chapter questions. Chapter 1. Introduction Chapter 2. Introduction to the tort of negligence. Breach of statutory duty Chapter 15. Intentional interferences with the person.