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Wednesday, January 22, 2014

Negligence

Negligence can be defined as the casualty to exercise the degree of care that the law requires for the protection of start out people. Professionals much(prenominal) as doctors, nurses, solicitors, accountants etc. have a legal duty to take responsible care of their clients/patients. When much(prenominal) professionals break up to exercise their duty of care, they can be sued in a court of law for professional neglectfulness. Professional thoughtlessness therefore, occurs when such professionals fail toexercise their duty of care resulting in modify to a client. A doctrine of inattention was put in bulge after the O Donoghue V. Stevenson ( or Paisley Snail) casing of 1932. scat O Donoghue cl demanded damages from Mr. Stevenson after purchasing a bottle of ginger beer containing a decomposed snail . Mr Stevenson (the manufacturer) was found conjectural because he failed to exercise his duty of care which was to ensure that his overlap was fit for human consumption. The initial cl bugger off was £500 completely Mr Stevenson appealed and the case was brought back to court. However Mr Stevenson died before a raise ruling could be made, therefore the case was settled extramarital of court for less than the original claim. The doctrine od negligence put in place following this case had the aim of providing compensation to the innocent victim (plaintiff), not to punish the defendant. The Irish court apply the professional standard model to in all cases of medical negligence. This test was laid down by the despotical Court in the case of Dunne v. National Maternity infirmary 1989. It was concerned with twins, one whom died at childbirth and the other whod suffered severe brain damage that according to the childs parents ( the plaintiff ,) was collectible to the medical staff that monitored the twins before birth and delieverd them. . The supreme Court stated that the practitioner must act with the tenable care of a practitioner of e qual specialist attainment and care or a d! octor shall not be found guilty of negligence if he has acted in accordance...If you hint to get a full essay, order it on our website: OrderCustomPaper.com

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