The Case Of Ricter V. Singlett Memorial Hospital

I selected the article “Duty to Warn and Protect: Not in Texas” for review, as it applies to the state in which I reside. The article cites Texas Health and Safety Codes, based on a 1999 Texas Supreme Court ruling that states counselors do not have a duty to warn or protect. Having a duty to warn and protect is defined as protecting clients or others from perceived harm (Jackson-Cherry & Erford, 2014). An example would be that a client tells their counselor in a confidential session that he is considering stabbing his ex-girlfriend. The duty to warn would mean the counselor should notify authorities and the ex-girlfriend thus breaking confidentiality. The duty to protect would be to admit client to a facility for the client to be assessed for a propensity for violence towards the ex-girlfriend. This became important after a 1969 incident where a counselor, had a client expressed harm towards a girl and the counselor contacted the authorities, yet never contacted the girl, who was subsequently killed by the client a few months later, known as the Tarasoff v. Regents of the University of California case (Jackson-Cherry & Erford, 2014).

It was clear negligence when it was so obvious that the toes did not have proper circulation. If the nurses were doing their job by checking on the extremities should have quickly noticed that there were circulation issues. By not reporting this was pure negligence.

service at all? Is the case criminal negligence - or just a genuine error in

An important concept that I learned from the HCA 6280 is tort of negligence which was totally a new subject to me. According to Harris (2008), plaintiff must prove four elements of tort which are “duty, breach of duty, causation, and damages” (p. 138) The plaintiff will be compensated only if he can prove that all the four elements of the tort are true to his case. I learned that duty means that physicians are required to provide patients with standard care and based on that responsibility they are required to provide standard care.Organizations have the legal responsibility to only employ staff who prove to have clinical competency. Otherwise, in case of an adverse event the organization or physician will be liable for breach of duty. Causation

Doctors are known for their caring job to save the lives of the injured or ill people. But they are also human because doctors can sometimes make errors. In medical terminology, an error is called as clinical negligence. The medical negligence cases can be found in quite huge numbers in the UK these days. If you are suffering from injury or severe pain, the personal injury solicitors are available to help you and sort out your issues for making the right compensation according to UK law. Follow these essential tips to claim for the right compensation:

In this case, the accident is the proximate cause of Mrs. Smith’s injuries and the medical providers are the intervening cause, as their breach of duty exacerbated Mrs. Smith’s injury to the point of permanent disability and disfigurement.

Health Care is always going to have laws and regulations to go by. However, not every employee in the health care field is going to abide by these rules and regulations. Therefor, courts have plenty of health care cases come into their court every year because of negligence. In some cases, the courts decide in the patient 's favor and others decide in the facilities or doctor 's favor. The judge and Jury members have to be given plenty of evidence and facts in order to provide both the defendant and plaintiff with a fair judgment. In most cases not everyone is happy with the decision of the outcome that the jury comes up with. To avoid horrific incidents, physicians must not be negligent with their patients.

A medical professional has a particular duty to use reasonable care toward patients since a physician has special training and knowledge that ordinary people do not possess. A doctor has a duty to use the care expected of a reasonable physician with the same specialty acting in a similar community under similar circumstances.

.S. health laws based on criminal misconduct in health care to the creation of contract laws, holds health care facilities liable to vicarious liabilities and Tort Laws that amount up to Medical Malpractice.

In this scenario, all three disciplinary health care providers are guilty for their high negligence in patient’s plan of care and standards of professional conduct. Let’s talk one after one, where each health care professional missed their duties.

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 established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

     If what the person in question did met the requirements of what the standard of care calls for, then there has been no account of negligence. There are four main points that actually make up negligence. There must first be a situation in which the standard of care must be given under the given circumstances. Failing to follow the standard of care begins the case of negligence. After not satisfactorily completing the standard, there is an apparent setup for harm to the patient resulting from this failure to meet the requirements of care. When an injury is inflicted on the patient, that relates to the standard of care being violated, and that seals the case. Those are the four ingredients needed to complete a case of negligence (Cazalas 18).

Negligence is one of the most common issues in the healthcare environment. Negligence in a hospital is caused by many different things and it can be intentional or unintentional. It can be by failing to do your duties appropriately and in a timely manner, by giving the wrong medication, by improperly performing you job, by abandoning a patient, by failing to properly train the healthcare workers, and also by failing to follow safety rules to assure patient safety and care.

His father did tell the therapist, Goldstein about the idea of his son hurting other and the therapist urge that it is better to have his son hospitalized (Koocher and Spiegel, 2013). However, after some time, the client took out his action and actually killed himself and the person, Ewing who is his former girlfriend’s current boyfriend (Koocher and Spiegel, 2013). Goldstein was then sued by Ewing’s father for not being able to warn their child from the risk (Koocher and Spiegel, 2013). Even when therapist did not get to meet his client and was not informed about the intention of the client to harm others, he was told by the client’s father about his client’s intention (Koocher and Spiegel, 2013). Hence, the court further states that the therapist have the duty to warn the client and also the third parties in order to protect them from any foreseeable danger after communicating with the immediate family member or friends (Koocher and Spiegel,

Negligence as a tort is a breach of a legal duty to take care which results in damage to the plaintiff. More elaborate definition of negligence can be “A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behaviour usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one 's previous conduct).”