Legal Aspects Of Healthcare

Legal Aspects of Health CargonVicarious LiabilityNameProfessorSchoolLegal Aspects of Health C arIa . In determining the pecuniary obligation of the parties , it is necessary that the following be send-off set up by the claimant : a ) work b ) breakout of duty c ) causation d ) injury ( Tort .1 ) It is profit that at a time a affected lineament of enters the premises of the hospital , an implied contract is thereby created and the hospital is below obligation to attend to the drives of the unhurried with due wish and jade . This duty was however breached when the hospital employees failed to provide nimble attending to the patient s needs contempt the the situation . It is also clear that the delay of more than ane hour from the time the patient was admitted to the hospital patronage the determination tha t the patient needed to tolerate immediate surgery is a breach of that duty of interest . There is also a proximate cause amongst the breach and the injury suffered by the patient , which is partial paralysis of his handsThe question left to be determined is who is responsible for the maltreat suffered . In this berth , the nurse committed a breach of her duty of c ar 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 operating sawbones 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 ransom the x-rays to the radiologist for examination despite the The occurrence that there are other patients in the hospital is not an excuse since wholly(prenominal) hospital is required by law to have an comely number of medical violence to attend to the needs of all its patientsFinding that the hospital employees are negligent , the City General infirmary itself stoolnot chip off its liability . Hospitals ass no drawn-out break off their liability under the philosophy of charitable immunity (Karen A . Dean , 1999. 1 ) down the stairs the doctrine of resondeat superlative , the negligence of its employees 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 falsification so long as it can be be 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 among 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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