The Element of Alternative Liability
LEG300
Week 4
01/20/2014
The alternative theory is when two or more people commit and act of negligence and only one commits the actual injury.
I believe that the court should grant the parents the motion due to the fact that when Dr. Brady was called, did not ascertain the baby’s position and began using the forceps which then caused the baby brain injuries due to the amount of pressure that was being used to deliver the baby.
If Dr. Brady would have took the time to ask Dr. Cohn more about the baby and the status of the child rather than jumping to conclusions the child with have not had brain injuries. Also if Dr. Cohn had taken the time to properly explain the situation to Dr. Brady this issue would have never developed.
This shows that both Doctors were negligent to the welfare of the child, because before anyone can treat a patient they should always make sure that the know the history of the individual before they take any actions to attempt to help or in this case deliver the child.
These two doctors did not consider that actions could have been taking for there negligent actions. They did not consider the fact that a lawsuit could have been field against the hospital, themselves or the staff that helped deliver the baby.
A malpractice lawsuit could apply in this case to the damage done to the child and the affect it has on the child over all living condition for the rest of its life. It could be up to the judge or the courts if the doctors should be able to keep practicing medicine
Midterm Essay Tort Law Torts and Defenses FACTS: Teenage Son has borrowed parent’s car one evening. First, he dropped by his girlfriend's house to pick her up but once there met with considerable resistance from her parents. Her father stood menacingly in front of the car as your son started the engine, and your son, not one to be intimidated, yelled out the window that he would run over her father if he did not get out of the way. The father, who doggedly stood his ground until the last…
I. INTRODUCTION TO TORT LIABILITY—WHAT IS TORT LAW UP TO? 1. Tort, definition -- French and Latin, definition points to wrong-doing and twistedness. A civil wrong, other than breach of contract. For an act to be a tort, there must be: a legal duty owed by one person to another, a breach (breaking) of that duty, and harm done as a result of that action. Examples of torts are negligence, battery, and libel. 2. Classifications for locating torts in body of law Private Law v. Public Law. Public…
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care…
FBI agents conducted a warrantless search of a residential home at night, on the basis that a bank robbery suspect was inside. Some officers had shot guns, some where in uniform and some were in plain clothes, but all were white. The family- two parents and three children- were black. The officers were said to have used force against the father and a child, as well as a phone the mother was trying to use, along with shouting phrases like “I don’t need a damn search warrant”, telling the children…
Sandman Resorts, and s-corporation. Continental Concessions is a limited liability company (LLC), which is a partnership that allows tax treatment with limited liability for the owners (Twoney and Jennings, 2011). It also means that the company is a legal entity with the authority to conduct business in its own name (Twoney and Jennings, 2011). The owners of entities are also known as members. Advantages of limited liability companies are that they pool together resources and conduct their business…
punishment to another party Negligence: Putting someone at risk through carelessness The test of negligence: Duty of Care Standard of Care Foreseeability Reasonable Person Precedent: A legal decision that serves as an example an authority in subsequent similar cases; basis for the rule of precedent – the legal principle in which similar facts result in similar decisions Plaintiff: Civil law proceeding; Person(s) who start the action or lawsuit Accused: Person(s) that are accused of committing…
is regarding the safety and effectiveness of the treatment. This brings up the question of who this treatment will be tested on. Lastly, the issue of whether this technology can enhance the capability of a human, making “super humans”. Some of the legal issues involved include the high cost of this treatment and how it will be obtainable by those more privileged. The Affordable Care Act promotes equal opportunity for all citizens. Its premise is that access to quality health care is a civil and human…
Corporate Law Lecture 3 Lecturer/stream details Legal nature of companies ► The separate entity doctrine ► Corporate capacity ► Limited liability ► Piercing the corporate veil ► Corporate liability Separate legal entity doctrine ► The company is a legal person separate from its participants ► This means that: its obligations and property are its own and not those of its participants its existence continues unchanged even if the identity of the participants changes Salomon v Salomon (1897)…
Definitions Assignment - TORT Intentional Torts – Intentional Torts are battery, assault, false imprisonment, trespass to land, trespass to chattel, and conversion. See examples of each below. Battery – The intentional unlawful, harmful, or offensive touching of the person of another. Example: The verbal argument has escalated to the point that Susan raised her hand and slapped Joe on the cheek. Susan committed battery against Joe. Assault – The intentional threatening of another with…