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Jane T (LLC)
Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience:  Worked in corporation's law department; business formations, formalities, and other business matters
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Case Study 1 Cherry rushed her eight-year-old daughter,

Customer Question

Case Study 1

Cherry rushed her eight-year-old daughter, Plum, to the emergency room at Hospital after Plum fell off her bicycle and hit her head on a sharp rock. The wound caused by the fall was extensive and bloody. Cherry was permitted to remain in the treatment room, and held Plum's hand while the emergency room physician cleaned and sutured the wound. During the procedure, Cherry said that she was feeling faint and stood up to leave the room. Cherry fainted and, in falling, struck her head on a metal fixture that protruded from the emergency room wall. She sustained a serious injury as a consequence. If Cherry sues the Hospital to recover damages for her injury, will she prevail? Argue.
Submitted: 5 years ago.
Category: Business Law
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

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.

 

 

Customer: replied 5 years ago.

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.

 

Larry

Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

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):

 

  1. duty - "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."
  2. breach - "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."
  3. causation (both direct and proximate cause) - "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." AND
  4. damages - Cherry was hurt

Hence, as I said, the hospital is liable for the tort of negligence.

 

 

Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

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.

 

 

Jane T (LLC), Attorney
Category: Business Law
Satisfied Customers: 8435
Experience: Worked in corporation's law department; business formations, formalities, and other business matters
Jane T (LLC) and 4 other Business Law Specialists are ready to help you
Customer: replied 5 years ago.

Hi Jane,

 

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.

Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

If you like you can ask for my by putting "For expert Jane T(LLC)" at the start of your question.

 

 

Customer: replied 5 years ago.

Hi Jane,

 

Can we block this answer so if some else need the answer that will have to pay you for it?

 

Larry

Expert:  Jane T (LLC) replied 5 years ago.

I will ask JA to LOCK the question.

 

 

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Jane T (LLC)
Jane T (LLC)
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Worked in corporation's law department; business formations, formalities, and other business matters