Sample Essay Before I started my mission, I learnt from the media that there was…
Essay: The law of negligenceEssay The law of negligence is described as a failure to take appropriate steps to prevent hurting or harming another person. The method of proving negligence consists of four stages. A health professional’s quality of treatment is that which can be required of a fairly qualified practitioner of that specialty. The health professional’s acts would be compared to the norm. The word “negligence” is distinct from “mistake” or “misjudgment.” The very evidence that a treatment risk existed or that a desirable patient result was not reached does not mean neglect. This test has the functional effect that if a person prefers to have a general practitioner conduct surgery or prescribe general anesthesia, the person cannot demand the level of competence that a professional surgeon or anesthetist would offer. However, whether the general doctor appears to be a specialist in surgery or anesthesia, the patient may be able to expect special care. The clinical negligence law requires four basics, which include:
- The burden of proof where proof that the doctor was negligent lies upon the complainant
- The duty of care which implies that there should be no difficulty in proving that the doctor was negligent
- The standard of proof which is a test of whether a claim can be proved using probability
- Injury causation used to determine whether the doctor actually failed thus causing injuries pointed out.
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