Case studies are normally for school, so I will answer this question in that light.
I do believe Cherry will prevail if she sues the hospital for negligence. To prevail in a suit for negligence one must show that the defendenat had a duty to prevent plaintiff's injuries, that the defendant breached that duty, that the injury that occured was directly causued by the defendant's actions and also was proximately caused by that defendant's actions, and, of course, an injury resulted. Although the doctors in the room were there caring for Plum, not Cherry, they are emergency room physicians, trained to care for patients in situations that occur out of the blue. They can be said to have a duty to care for people in their hospital who indicate they are felling ill to them. Here they were present when a person who was in their emergency room indicated she had a medical situation that was occuring. Instead of assuring she had help to walk out of the room or trying to sit her down safely, they took no notice of her claiim. They violated their duty of care.
Their failure to care for Cherry was the direct cause of her injury as had they acted she may have avoided falling and it was also the proximate cause of her injury as their failure to act is what could reasonably have been foreseen to result in an injury just as Cherry suffered. The hospital is liable for her injury.
Hi Jane T.
Okay, so did the hospital violate the standard of care under the Tort Law for
Negligence? Or what law did they violate?
I taking Business Law 1 and really appreciate your answer and I know nothing about the law other than what I read in the text book. I accept the answer.
If you read my answer that is exactly what I am saying. To be liable for negligence you must show there were the following four elements (with the text from my paragraph illustrating where each element was met):
Hence, as I said, the hospital is liable for the tort of negligence.
Let me know if that clarified it for you. It seems you may need to have an explanation of when the tort of negligence occurs.
Negligence occurs when the 4 elements I discuss above (duty, breach, etc.) exist. That is what negligence is. It only occurs where there is first a duty to protect someone from harm, where that duty is violated, where the violation directly causes the harm AND the harm was foreseeable (i.e., proximate cause), and of course, the harm took place.
I appreciate you saying you accept the answer, but it is not credited to me unless you do click the Accept button, so please do so.
Thank you again for your response, I really appreciate you assistance, if I have other questions can I ask these question through justanswer.com and pick you as an expert? This is the second time I used justanswer so I also new to the site.
Okay, thank you I will hit the accept button.
If you like you can ask for my by putting "For expert Jane T(LLC)" at the start of your question.
Can we block this answer so if some else need the answer that will have to pay you for it?
I will ask JA to LOCK the question.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).