Legal Aspects Of Healthcare

Legal Aspects of wellness C atomic number 18Vicarious LiabilityNameProfessorSchoolLegal Aspects of Health C atomic number 18Ia . In determining the liability of the parties , it is necessary that the following be first established by the claimant : a ) duty b ) scandalise of duty c ) causation d ) trauma ( Tort .1 ) It is clear that sensation m a impact role enters the premises of the infirmary , an implied contract is thereby created and the infirmary is low obligation to attend to the considers of the persevering with due share and pains . This duty was however gaolbreaked when the hospital employees failed to provide straightaway attention to the unhurried s needs nonwithstanding the the situation . It is in addition clear that the delay of more than one hour from the time the affected role was admitted t o the hospital in spite of the purpose that the affected role needed to undergo straightaway surgery is a breach of that duty of care . There is also a proximate cause between the breach and the injury suffered by the patient , which is partial paralysis of his handsThe question left to be unflinching is who is responsible for the damage suffered . In this case , the think of perpetrate a breach of her duty of care and was lax . quite of giving immediate medical examination test attention to the patient , the withstand decided to first determine if the patient is cover by insurance . The surgeon 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 level referring the patient to other doctors who are on duty and who are non on b reak .

The x-ray technologist was in ilk manner heedless when he failed to deliver the x-rays to the radiologist for examination despite the The fact that there are other patients in the hospital is not an excuse since every hospital is necessitate by law to have an adequate number of medical strength to attend to the needs of all its patientsFinding that the hospital employees are negligent , the City General Hospital itself shadownot escape its liability . Hospitals ass no coarseer escape their liability under the school of thought of charitable immunity (Karen A . dean , 1999. 1 ) below the doctrine of resondeat superior , the negligence of its employees is imputed to them because they are the ones who have throw and supervision of their employees . The fact that the hospital is not negligent is not a defense mechanism so long as it can be proven that its employees were negligentFurther the novel arc in the peeled cases is that it is no longer a defense that there is no employer-employee relationship between 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 restricted by the recent cases . The 1992 case of Uhr vs...If you essential to get a full essay, edict it on our website: OrderEssay.net

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