Case study: claims of neglience
Scenario 1:
In this scenario, a patient was admitted to the hospital with chest pain and the doctor failed to order a necessary heart test. In order for a claim of negligence to be successful, the plaintiff (the patient in this case) must demonstrate that: 1) There is a duty of care owed by the defendant (the doctor); 2) The defendant breached that duty; 3) The breach caused damage or injury; and 4) Damages were suffered as a result.
In regards to the first element, there is clearly a duty of care owed by the doctor since he is responsible for providing medical treatment to his patients. It can also be argued that he breached his duty of care by not ordering an appropriate test which could have resulted in earlier diagnosis and treatment – thus leading us into the second element. In terms of causation, it can be said that if the test had been done then the outcome may have been different and damages potentially avoided – meeting third element. Finally, it can be established that because treatment was delayed due to lack of testing, damages such as pain and suffering were indeed suffered by plaintiff – satisfying fourth element.
Based on these factors, it appears likely that a claim for negligence would be successful in this situation.
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