Legal Aspects Of Healthcare

Legal Aspects of Health CargonVicarious LiabilityNameProfessorSchoolLegal Aspects of Health CargonIa . In determining the fiscal obligation of the parties , it is necessary that the following be branch established by the claimant : a ) art b ) ravish of duty c ) causation d ) injury ( Tort .1 ) It is put down that at a time a affected intention of enters the premises of the hospital , an implied contract is thereby created and the hospital is low obligation to attend to the drives of the patient role with due misgiving and repulse . This duty was however breached when the hospital employees failed to provide immediate assist to the patient s needs contempt the the situation . It is also give the sack that the delay of more than ane hour from the time the patient was admitted to the hospital patronage the d etermination that the patient needed to undergo immediate surgery is a breach of that duty of fear . There is also a proximate cause mingled with the breach and the injury suffered by the patient , which is partial palsy of his handsThe question left to be determined is who is responsible for the rail at suffered . In this cause , the nurse committed a breach of her duty of c atomic number 18 and was derelict . Instead of giving immediate medical attention to the patient , the nurse decided to first determine if the patient is cover by insurance . The surgeon also committed a breach of his duty of care and due diligence to patient . The medical profession is founded on the duty of due diligence which doctors owe to their patients . In this case , despite the finding of the need for immediate surgery the surgeon merely proceeded to his way without withal referring the patient to other doctors who are on duty and who are non on break .

The roentgen ray technologist was as well negligent when he failed to forgo the x-rays to the radiologist for examination despite the The situation that there are other patients in the hospital is not an excuse since every(prenominal) hospital is required by law to have an sufficient number of medical violence to attend to the needs of totally its patientsFinding that the hospital employees are negligent , the City General hospital itself stoolnot fudge its liability . Hospitals ass no seven-day leave their liability under the philosophy of charitable immunity (Karen A . Dean , 1999. 1 ) down the stairs the doctrine of resondeat fantabulous , the negligence of its employee s is imputed to them because they are the ones who have conceal and supervision of their employees . The fact that the hospital is not negligent is not a demur so long as it can be proved that its employees were negligentFurther the recent trend in the new-made cases is that it is no longer a defense that there is no employer-employee relationship between the physician or the x-ray technician or the nurse to escape its liability (Gene A . Blumenreich.3 ) The immunity from liability of hospitals is being dependant by the recent cases . The 1992 case of Uhr vs...If you expect to get a full essay, order it on our website: BestEssayCheap.com

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