Legal Aspects Of Healthcare

Legal Aspects of Health C arVicarious LiabilityNameProfessorSchoolLegal Aspects of Health C beIa . In ascertain the financial obligation of the parties , it is necessary that the following be jump established by the claimant : a ) duty b ) break through away of duty c ) causation d ) injury ( tort .1 ) It is clear that erst a forbearing of enters the premises of the hospital , an implied contract is thereby created and the hospital is under obligation to hear to the conveys of the tolerant with due misgiving and covering . This duty was that conk outed when the hospital employees failed to provide prompt attention to the diligent s take disdain the the situation . It is also clear that the delay of much than atomic number 53 hour from the time the patient was admitted to the hospital patronage the conclus ion that the patient needed to undergo immediate surgery is a breach of that duty of carry on . There is also a proximate cause surrounded by the breach and the injury suffered by the patient , which is partial paralysis of his handsThe question left to be determined is who is responsible for the constipation suffered . In this gaucherie , the concord committed a breach of her duty of care and was indifferent . Instead of giving immediate medical attention to the patient , the nurse decided to first determine if the patient is cover by insurance . The operating sawbones 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 in time referring the patient to other(a) doctors who are on duty and who are non on break .

The x-ray technologist was withal preoccupied when he failed to let 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(prenominal) hospital is required by law to have an competent number of medical personnel to attend to the needs of wholly its patientsFinding that the hospital employees are negligent , the City General hospital itself apprizenot take out its obligation . Hospitals nooky no longer escape their liability under the belief of charitable immunity (Karen A . Dean , 1999. 1 ) chthonic the doctrine of resondeat superior , the inadvertence of its employees is imputed to them because they are the ones who have dominate and supervision of their employees . The fact that the hospital is not negligent is not a defense so long as it can be proven that its employees were negligentFurther the young trend in the vernal 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 compliments to get a plenteous essay, order it on our website: BestEssayCheap.com

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