DEFENSE OF NEGLIGENCE

Defense of Negligence



Defense of Negligence

1. Summarize the relevant facts and include identification of the party that would be a plaintiff and the defendant in a lawsuit.

After carefully reading the article, it is obvious that emergency staff of the hospital was unable to diagnose the actual problem of the patient. This might be due to the inadequate diagnosing procedure of the hospital, or due to the lack of trained staff for the emergency ward of the hospital. In this case, the plaintiff party would be the parents of the late kid, whereas, the defendant party would be the hospital's management itself, as it is the healthcare provider in this case.

For more clear understanding of the case, plaintiff is the person or party, who has a grievance due to which the party goes to the court to get it fixed. On the other hand, defendant party is the one who is the reason of that grievance (Kazmier, 2008). In public courtyards, both of these terms used to recognize the parties to the case. The applicant or plaintiff is the aggrieved party who is initiating the lawsuit (that is, the one who is suing). The defendant is the party against whom the suit is being brought (that is, the one being sued). Depending upon the court system, sometimes the defendant known as the respondent.

2. Identify the four (4) elements of negligence.

After thoroughly reviewing the case, the following four elements of negligence that have been identified duty, breach of duty, causation, and damage. In the field of medical malpractice, doctors, nurses and other health care providers have a duty to follow the standards provided care, a doctor who does something that is not within these standards, fails to do what he obliged to do, and can, therefore, fall into dereliction of ...