Tag: Negligence

Negligence

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You have just been handed a file by a senior partner at the firm who asks you to finish negotiating what appears to be an ordinary car accident personal injury case. Your client suffered a broken femur but, fortunately, made a decent recovery. You review the file and learn the client had a dash-cam in his car which recorded the entire event. The video is on a disc in the file, so you load it on your computer only to find the video clearly shows your client’s light was red at the time of the accident. The insurance adjuster has already made a significant offer which will cover your client’s medical bills and, after your fees and costs, provide him with a little bit of money for pain and suffering as well. You are operating in what is known as a pure contributory negligence state, which means that if your client is partly at fault and that fault was a reason the accident happened, then your client loses.

What do you do from here and why?

Negligence

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You have just been handed a file by a senior partner at the firm who asks you to finish negotiating what appears to be an ordinary car accident personal injury case. Your client suffered a broken femur but, fortunately, made a decent recovery. You review the file and learn the client had a dash-cam in his car which recorded the entire event. The video is on a disc in the file, so you load it on your computer only to find the video clearly shows your client’s light was red at the time of the accident. The insurance adjuster has already made a significant offer which will cover your client’s medical bills and, after your fees and costs, provide him with a little bit of money for pain and suffering as well. You are operating in what is known as a pure contributory negligence state, which means that if your client is partly at fault and that fault was a reason the accident happened, then your client loses.

What do you do from here and why?

Negligence

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A negligence action was brought by a mother on behalf of her minor daughter against a hospital. It alleged that when the mother was 13 years of age, the hospital negligently transfused her with Rh-positive blood. The mother’s Rh-negative blood was incompatible with and sensitized by the Rh-positive blood. The mother discovered her condition eight years later during a routine blood screening ordered by her physician in the course of prenatal care. The resulting sensitization of the mother’s blood allegedly caused damage to the fetus, resulting in physical defects and premature birth. Did a patient relationship with the transfusing hospital exist?

Negligence

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A woman was in labor. The nurse on duty refused to call the obstetrician. Instead, the nurse sat and read a magazine, ignoring repeated requests from the patient and her husband to call a physician. The husband informed the nurse when his wife was about to deliver, and the nurse told him to sit down. The woman delivered before the obstetrician arrived, and she was injured. Was the hospital liable for the nurse’s negligence?

Negligence

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A woman went to the physician with severe stomach pains. She was examined by a surgeon who, she stated, told her that her spleen was “hanging by a thread” from her collarbone. The surgeon recommended surgery to “build up ligaments” in her spleen. Following the operation, the surgeon informed her husband that it had been necessary to remove the spleen. The pathology report revealed no evidence of any disease in the spleen. The woman and her husband brought a cause of action against the surgeon for fraud. Should the court rule in their favor?