LAW OF TORT

Law of Tort

Law of Tort

Advise to Susan about the Legal Remedies she may have in Tort

It is said that the basis of the law of Tort is about collisions. Most often the collision is taken as the literal meaning like a couple of cars colliding with each other in an intersection or the explosion of a detected bottle of Coke in the waitress's hands. But sometimes it is even taken as less literal like in defamation, which was highlighted in the cases of slander and libel, complainant mostly charge by filing a case to get compensation for their damaged reputations.

The duty of care is considered as an obligation which is legally imposed on an individual making sure that they follow a certain standard of reasonable care while performing any acts that could more or less likely to harm others. Under the current case of mistreatment of the part of doctors, Susan is entitled to sue the hospital and the individual doctor as well. But she is required to show the duty of care, which is imposed by law of which the doctor has managed to breach. According to the law of Tort, three main elements must be established before filing a case or a complaint against the medical negligence on the part of the doctors. The first element considers that the complainant must prove and institute that the defendant was legally under the duty to act in a particular fashion. The second element considers that the complainant must prove that the defendant failed to perform its duties according to the law which is reflected in its behavior. The last element takes in to consideration that the complainant should be able to prove that it sustained injuries or losses because of the prescription or the direction provided by the defendant. In this case, Susan has full right to demand for the financial payment of the allergic reaction caused by the antibiotic given to her on the prescription of the doctor. As the medicine itself is a highly respected profession, doctors are better educated and much better trained than the nurses. Thus, people trust them with their lives and strictly follow the guidelines issued by the concerned doctor himself. This makes the position of the doctor very delicate which should force the doctors to prescribe any medicine with extreme care and proper concentration.

The patient safety approach is an approach which determines the safety of the patients and detection of errors committed which resulted in the patients being damaged or hurt. In similar cases like Susan's it is known that when doctors admit their mistake they are likely to face charges and lawsuits. However, if they try to hide their mistakes, it may result in more lawsuits and harder sentences if proved guilty. In Susan's case, she had already had a concussion and was hurt bad due to the car accident she suffered. She was not really expecting a mistake done by a professional who is responsible for the lives of ...