![]() ![]() A doctor does not have a duty to prescribe blood pressure medication if the patient initially presented with stable blood pressure readings (but developed the stroke after he took some cocaine after seeing the doctor).The landlord of a rental property does not have a duty to pick up a banana peel inside someone’s apartment that caused them to slip and fall since that was an action performed by the renter.A pharmaceutical company does not have a duty to prevent a customer from taking too much medication since it has no control over that issue.a passenger in the automobile does not have a duty to stop at the stop sign since he wasn’t driving.If any of these elements are missing, there is no case. The respiratory arrest is the damage or injury. The patient who received double the dose of medication went into respiratory arrest caused by the overdose.The bone infection is the injury or damage. Or, the person whose ankle was not x-rayed developed a bone infection when the broken bone wasn’t treated appropriately. The patient who did not receive appropriate blood pressure medicine subsequently had a stroke due to elevated blood pressure.The broken tibia is the injury, or damage, caused by the failure of the owner to maintain repairs. A renter fell through a broken step, causing a broken tibia. The coma is the injury caused by the breach of duty. The gas leak in the rental property caused the renter to go into a coma and develop brain damage.The side effects of a drug – for instance Xarelto – cause gastrointestinal bleeding and there is no antidote for it.The concussion and broken ribs are the damages. The driver of the automobile ran a stop light or stop sign and broadsided another car that was lawfully crossing the intersection, causing the other driver to have a concussion and broken ribs. ![]() ![]() The plaintiff must prove that there were injuries or damages which arose from the breach of duty by the defendant. A nurse who gives double the dose of medication has breached her duty to administer the appropriate dose of medication.The doctor in both cases breached his duty to address and treat the patients’ presenting symptoms. A doctor knew the patient had unacceptably high blood pressure but did not prescribe medication to address it or a doctor did not order an ankle x-ray of a person who came into the emergency room with a badly swollen ankle that could be a fracture.A landlord did not repair a gas leak in a heating device or did not repair broken stairs, therefore breaching his duty to maintain rental property in a safe condition.A pharmaceutical company placed a drug on the market even though trials showed there were some unacceptable side effects, therefore breaching its duty to provide safe products to its customers.the driver of an automobile did not stop at a red light or ran through a stop sign, therefore breaching his duty to stop at red lights or stop signs.The plaintiff does this by articulating the duty of the defendant, as in the examples above, and then showing how the defendant deviated from the duty, i.e.: a nurse has a duty to administer the correct medications at the right time and dose or to monitor a patient and alert a physician if the patient becomes unstableĪ plaintiff must prove that the defendant breached his duty to behave in a responsible or professional manner.prescribe blood pressure medicine for someone with high blood pressure, order an x-ray if a fracture is suspected, etc. a doctor has a duty to provide a minimum acceptable level of care, i.e.a landlord has a duty to maintain his property in a manner that makes it safe for renters.a pharmaceutical company has a duty to provide safe products to its customers.the driver of an automobile has a duty to stop at red lights and stop signs.With regard to duty,Īn individual has a duty to behave in a responsible manner The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation. What follows is a brief introduction to the legal premises we work from in proving the existence of Negligent Tort, The Four Elements Of Negligence. There are limited ways an attorney can prove negligence. or as a result of another person’s wrongdoing.negligence that causes a person to be injured in an automobile accident.Most legal cases involving Tort are due to negligence vs intentional harm. Tort is defined as an act that is committed by one party and ends up causing harm to another. The Four Elements of Negligence In order to prove fault in personal injury/malpractice cases, attorneys must prove the existence of Tort. ![]()
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